�被投诉人被动持有 passive holding 。 5 � 事人双方主张 A 投诉人

domain name so-called passive holding as set forth in the landmark decision Telstra Corporation Limited v Nuclear Marshmallows WIPO Case No D2000-0003 Furthermore the awareness of the trademark LEGO is considered to be significant and

faith and use in the sense of passive holding in bad faith Respondent admits knowledge of Complainant s well-known trademark Panel has already rejected Respondent s nominative fair use submission and finds registration of the domain names in bad

submits is a form of passive holding showing bad faith Some Panels have found that the concept of passive holding may apply even in the event of sporadic use or of the mere parking by a third party of a domain name See Telstra Corporation

The Panel agrees that the passive holding of a domain name does not necessarily circumvent a finding that the domain name is being used in bad faith within the requirements of paragraph 4 a iii of the Policy See Telstra Corporation Limited v

has made no use whatsoever Passive holding does not as such prevent a finding of bad faith especially in light of the similarity of the disputed domain names with the Complainant and its services For the reasons given above the Panel finds that

contact the trademark holder passive holding does not as such prevent a finding of bad faith The panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith see paragraph 3.2 The following

active web site i.e has been passively held As established in a number of prior cases the concept of bad faith use in paragraph 4 b of the Policy includes not only positive action but also passive holding especially in cases of domain name

Registrar It demonstrates a passive holding constitutive of bad faith please see for instance NAF case no FA 93761 Twentieth Century Fox Film Corp v Risser The requirement in the ICANN Policy that a complainant proves that domain names are being

contact the trademark holder passive holding does not as such prevent a finding of bad faith The panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith Examples of what may be cumulative

money or otherwise held it passively without making a bona fide use or showing intent to do so Respondent acted in bad faith in registering and either using fraudulently or passively holding a disputed domain name containing in its entirety

�被投诉人被动持有 passive holding 。 5 � 事人双方主张 A 投诉人

The Panel agrees that the passive holding of a domain name does not necessarily circumvent a finding that the domain name is being used in bad faith within the requirements of paragraph 4 a iii of the Policy See Telstra Corporation Limited v

disputed domain name has been passively held As established the concept of bad faith use includes not only positive action but also passive holding especially in cases of domain name registrations corresponding to distinctive and well-known

the Disputed Domain Name is passively held does not prevent a finding of bad faith It has long been held in UDRP decisions that the passive holding of a domain name that incorporates a well-known trademark without a legitimate Internet purpose

The Respondent is thus making passive holding of the Disputed domain name and at the same time deprives the Complainant as the trademark owner of reflecting the Complainant s Trademarks in the domain name THE RESPONDENT The Respondent did not

Panels have also noted that passive holding or non-use of a domain name is evidence of a lack of legitimate rights in the domain name NAF FA 097328; NAF FA­96248 The Examiner agrees that users expect to receive information about StarAlliance

Panels have also noted that passive holding or non-use of a domain name is evidence of a lack of legitimate rights in the domain name NAF FA 097328; NAF FA­96248 The suffixes link/click refers to the offer of connected information Users expect

acquired and is now passively holding the Domain Name long after Complainant adoption use and registration of its MASTERCARD Marks When the Domain Name was registered Complainant had substantial registration and use of its MASTERCARD

mis-type the domain name The passive holding by the Respondent in all the circumstances points to bad faith when all the Respondent's behavior is considered see Telstra Corporation Limited v Nuclear Marshmallows WIPO Case No D2000-0003 The use of