registration and use and/or passive holding here under Policy Paragraph 4 a iii Finally Complainant also contends that in light of the fame and notoriety of Complainant MORGAN STANLEY mark it is inconceivable that Respondent could have registered

It is well settled that the passive holding of a domain name reflecting a trademark in combination with an offer of sale of that domain name may satisfy the concept of bad faith registration and use For the reasons cited above the Panel finds for

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

that the Respondent s current passive holding of the Domain Name amounts to bad faith use of the Domain Name Therefore the Panel finds that the Domain Name was registered and is being used in bad faith The third element of the UDRP has been proved

names resolve to an inactive holding page Such passive holding of the disputed domain names may constitute bad faith registration and use In this case the Panel finds that the Respondent registered and is using the disputed domain names in bad

�被投诉人被动持有 passive holding � � 5 � 事人双方主张 A 投诉人 投诉人主张争议域名与投诉人享有权利的商标相同或混淆�

to conclude that Respondent s passive holding of the subject domain name constituted use in bad faith under the Policy Apart from the fact that the respondent in Chynoweth took active steps to conceal his identity and Respondent here apparently did

name is considered to be passively held that passive holding of a domain name does not avoid a finding of bad faith as found in several UDRP decisions Banco Bilbao Vizcaya Argentaria S.A v Victor Edet Okon WIPO Case No D2004-0245 Telstra

this particular Complaint the passive holding of the Domain Name in the present case the holding of the domain name may not be considered as passive since the domain name has been used for a phishing scam by Respondent amounts to Respondent acting

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

domain names However such passive holding of the websites does not prevent the Panel from finding registration and use in bad faith The Panel also notes that the Respondent s undeveloped use of the websites at the Disputed domain names which

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

those of Complainant and/or passively holding the Disputed Domain Names 17 Under Section 4 a of the Policy a domain name registration may be cancelled or transferred upon a showing that i the domain name is identical or confusingly similar to a

actively used and there is passive holding the consensus view is that it can With comparative reference to the circumstances set out in paragraph 4 b of the UDRP deemed to establish bad faith registration and use panels have found that the

contact the trademark holder passive holding does not as such prevent a finding of bad faith paragraph 3.2 WIPO Overview 2.0 The WIPO Overview 2.0 further states The panel must examine all the circumstances of the case to determine whether the

a picture of a green alien holding a camera said to be the intended logo of the new website Moreover the Respondent s attempt to break apart the disputed domain name into three elements in the English language PIC T and ET fails logic or reason

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

escrow services namely holding stock certificates until paid estate and probate trust management federal and municipal bond underwriting services and federal and municipal bond brokerage services financial analysis and consultation and bond

to the so-called doctrine of passive holding Telstra Corporation Limited v Nuclear Marshmallows WIPO Case No D2000-0003 the Complainant has not invoked this doctrine The Panel is not obligated to make such arguments on Complainant behalf

the disputed domain names by holding them and using them for holding pages UDRP panels have repeatedly held that even the passive holding or warehousing of a domain name that is confusingly similar to a well-known mark is not a legitimate or