has been to direct it to a holding page That use however is equivalent to passive holding of the disputed domain name which in the light of the other bad faith indicators was found in Telstra Corporation Limited v Nuclear Marshmallows supra to

an inactive web page However passive holding does not preclude a finding of bad faith particularly where Respondent has no bona fide use for the disputed domain name and simply is precluding Complainant from using a domain name that corresponds to

in general terms that mere passive holding of the disputed domain name could possibly exclude use in bad faith to the extent it would be possible to use such disputed domain name in the future for other services than the services the respective

�被投诉人消极持有 passive holding � � 5 � 事人双方主张 A 投诉人 投诉人主张，� � 立即将被投诉人注册并正在使� �的争议域名转移给投诉人� �理� �如下： 除去� �� �顶级域名 xin

injunction the Respondent s passive holding of the Domain Name after the Court found that it had no right to the Ku de Ta name also creates an inference of bad faith Considering all the circumstances of the case the Panel considers that Domain

against the Complainant Also passive holding of a domain name can constitute depending on the circumstances evidence of bad faith particularly where as in this case the trademark is widely known SeeTelstra Corporation Limited v Nuclear

resolve to an active website passive holding does not as such prevent a finding of bad faith use WIPO Overview of WIPO Panel Views on Selected UDRP Questions Second Edition WIPO Overview paragraph 3.2 Rather the Panel must look at the totality of

�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，� � 立即将被投诉人注册并正在使� �的争议域名转移给投诉人� �理� �如下：

In these circumstances the passive holding of domain names in connection with offers to sell constitutes evidence of bath faith registration and use Telstra Corporation Limited v Nuclear Marshmallows WIPO Case No D2000-0003 The Panel finds that

true websites and is being passively held Passive holding of the disputed domain name coupled with the fame of the Complainant mark evidences bad faith It has long been generally held in UDRP decisions that the passive holding of a domain name

have repeatedly held that the passive holding or warehousing of a domain name that is confusingly similar to a mark is not a legitimate or noncommercial fair use iii Registered and used in bad faith Complainant argues that as an initial matter

disputed domain name is held passively does not prejudge a legitimate use of the disputed domain name rather such passive holding is deemed a bad faith indicator as many previous Panels have established in other UDRP cases Therefore according to

recognizes that inaction e.g passive holding in relation to a domain name registration can constitute a domain name being used in bad faith The Complainant contends that any attempt to actively use the Disputed Domain Name would inevitably lead to

domain name was then held passively for more than a year Such length of time renders the Respondent s explanation for the inactive passive holding of the disputed domain name i.e that the website is still in the early planning stages

panels have held that even passive holding of a domain name can constitute bad faith use and registration In Telstra Corporation Limited v Nuclear Marshmallows D2000-0003 WIPO February 18 2000 WIPO recognized that a respondent inaction e.g

of Complainant and for passive holding are not bona fide use and therefore fails to confer such rights or legitimate interests Regarding bad faith registration Complainant states that Respondent registered the disputed domain names

�被投诉人 被动持有 passive holding � � 5 � 事人双方主张 A 投诉人 投诉人在多个国家注册了MICHELIN商标，包括在中国� �争议域名完全包含了享有极� 的知名度的MICHELIN商标，�

displays an inactive page passive holding since its registration This information confirms that the Respondent has no demonstrable plan to use the domain name in respect of the disputed domain name NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS

to a mere inactive page passive holding It is well-established that passive holding of the domain name in dispute does not as such prevent a finding of bad faith see between others Valero Energy Corporation and Valero Marketing and Supply

recognizes that inaction e.g passive holding in relation to a domain name registration can in certain circumstances constitute a domain name being used in bad faith In the Panel opinion the following circumstances are relevant to conclude that