website Respondent is merely holding onto the registration rights in the guide-to-celebrex.com domain name Respondent only registered the guide-to-celebrex.com domain name four months ago and such a short amount of time is usually not sufficient

D2000-0003 has found that the passive holding of a domain name by the Respondent amounts to the Respondent acting in bad faith The fact that there at present is no actual content on the web page corresponding to the domain name at issue is

4 a iii Respondent s passive holding of the disputed domain name for nearly a year and half evidences bad faith use by Respondent See Mondich & Am Vintage Wine Biscuits Inc v Brown D2000-0004 WIPO Feb 16 2000 holding that Respondent s

time necessary to determine passive holding has not transpired bad faith use can be implied from the nature of the domain name It is evident that Respondent s eventual use of the domain name would constitute an infringing activity and precedent

in bad faith Respondent s passive holding of the disputed domain name for nearly three years evidences bad faith use See Mondich & Am Vintage Wine Biscuits Inc v Brown D2000-0004 WIPO Feb 16 2000 holding that Respondent s failure to develop its

Domain Name is the subject of passive holding The Telstra case cited by the Complainant is often referred to for the five-stage test devised by the Panelist to identify whether the passive holding of the domain name in that case amounted to the

Complainant s letter and the passive website shows bad faith vii the passive holding of the domain name amounts to bad faith as inaction is within the concept of use in bad faith viii it is not possible to conceive of any use of the domain name

Sept 6 2000 finding that mere passive holding of a domain name can qualify as bad faith if the domain name owner s conduct creates the impression that the name is for sale The Panel finds that Policy Paragraph 4 a iii has been satisfied DECISION

the domain name is being held passively Such passive holding is and does support a finding of bad faith use See Am Home Prod Corp v Malgioglio D2000-1602 WIPO Feb 19 2001 finding no rights or legitimate interests in the domain name

complaint Thus inaction or passive holding of a domain name amounts to the registration and use of the domain name in bad faith 7 DecisionIn the light of the forgoing findings namely that the domain name is identical or confusingly similar to

purpose for the domain name Passive holding of a domain name is evidence of bad faith use pursuant to Policy Paragraph 4 a iii See DCI S.A v Link Commercial Corp D2000-1232 WIPO Dec 7 2000 concluding that the Respondent s passive holding of the

value of the CELEBREX mark Passive holding of a celebrex4life.com domain name that contains another entity s mark does not constitute a bona fide offering of goods or service pursuant to Policy Paragraph 4 c i nor does its represent a legitimate

and its progeny that even a passive holding of name in which one has no rights may constitute bad faith Respondents holding is more than passive and if the Domain Name is not transferred Respondent could in the future make other use of it 7

is that registration passive holding and renewal of the domain name deprives Complainant of its right as a trademark owner to reflect its trademark in a corresponding domain name The second contention is that Respondent was aware of

behavior is considered to be passive holding and gives rise to an inference of bad faith use pursuant to Policy Paragraph 4 a iii See DCI S.A v Link Commercial Corp D2000-1232 WIPO Dec 7 2000 concluding that the Respondent s passive holding of the

where Respondent merely passively held the domain name Respondent has not developed a website associated with the disputed domain name since its registration over two years ago This passive holding of the celebrex-arthritis.net domain name is

bad faith is evidenced in its passive holding of the domain name for over two years See Caravan Club v Mrgsale FA 95314 Nat Arb Forum Aug 30 2000 finding that Respondent made no use of the domain name or website that connects with the domain name

of this Complaint the passive holding of the domain name of the Respondent amounts to the Respondent acting in bad faith According to the Complainant the fact that the contested domain name has been registered since March 2000 without

circumstances Respondent s passive holding of the celebrex24.com domain name for nearly seven months evidences a lack of rights or legitimate interests in the domain name pursuant to Policy Paragraph Paragraph 4 c i and iii See Pharmacia &

name in addition to the passive holding of the domain name reveal that Respondent registered and uses the domain name in bad faith Accordingly the Panel finds that Respondent both registered and used its celebrexdirectonline.com domain name