s only use of myviagra.com is passively holding it which cannot be construed as a legitimate use Complainant last contends that Respondent registered and is using the name in bad faith because of among other reasons Respondent s passive holding of

also Samsonite Corp v Colony Holding FA 94313 Nat Arb Forum Apr 17 2000 finding that evidence of bad faith includes actual or constructive knowledge of a commonly known mark at the time of registration Respondent s passive holding of the disputed

two years ago Respondent s passive holding of myftd.com does not represent a bona fide use of the domain name pursuant to Policy Paragraph 4 c i nor is it a legitimate noncommercial use of the domain name under Policy Paragraph 4 c iii See

is therefore whether the passive holding of the domain name can be considered to be registration and use in bad faith taking into account all circumstances of the present case In that context it has been convincingly argued in Telstra Limited

Domain Name his subsequent passive holding of the said Domain Name him having taken steps to provide false contact details and his initial registration of the said Domain Name The Respondent had initially made use of the said Domain Name by way

domain name coupled with passive holding is evidence of bad faith Venator Group Retail Inc v ShopStar Network FA 100575 Nat Arb Forum finding that Respondent s passive holding of shopfootlocker.com was evidence of bad faith RESPONDENT 1 The

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 Telstra Corp Ltd v Nuclear Marshmallows WIPO Case No D2000-0003 Complainant has

Use in Bad Faith Respondent s passive holding of the disputed domain names for two years amounts to bad faith use under Policy Paragraph 4 a iii See Mondich & Am Vintage Wine Biscuits Inc v Brown D2000-0004 WIPO Feb 16 2000 holding that the

were initially assigned to a holding company in May 2001 during a corporate restructuring exercise needed in preparation for an initial public offering This restructuring necessitated the forming of a third company to handle the marketing

were initially assigned to a holding company in May 2001 during a corporate restructuring exercise needed in preparation for an initial public offering This restructuring necessitated the forming of a third company to handle the marketing

the domain name Respondent s passive holding of the domain name does not constitute a legitimate noncommercial or fair use of the domain name under Policy Paragraph 4 c iii Respondent has also failed to use the disputed domain name in connection

& N Engineering Inc v Autoair Holdings Bhd Claim Number FA0205000114351 PARTIES Complainant is K & N Engineering Inc Riverside CA USA Complainant represented by David J Steele of Christie Parker & Hale LLP Respondent is Autoair Holdings Bhd Sg

in bad faith followed by a passive holding of a domain name can amount to use in bad faith when it appears that there is no way in which such a name could ever be used legitimately in relation to a business or offering of goods or services and

in bad faith followed by a passive holding of a domain name in circumstances in which there was no way in which the name could be used legitimately and where it was impossible to locate and identify the respondent Telstra Corporation Ltd v

in bad faith followed by a passive holding of a domain name in circumstances where there is no way in which the name could be used legitimately by the respondent and where indeed it is impossible to locate and identify the respondent Telstra

use of the domain name passive use permits an inference of use in bad faith See Caravan Club v Mrgsale FA 95314 Nat Arb Forum Aug 30 2000 passive holding of a domain name permits an inference of registration and use in bad faith Making all

through that name constitutes passive holding Quite a few panels including this one have held that under appropriate circumstances passive holding evidences bad faith use Such circumstances when viewed in their totality exist here See e.g American

has registered and is holding a domain name corresponding almost exactly to a coined arbitrary term that has no meaning apart from Complainant products Registration and passive holding of a domain name corresponding to a famous arbitrary

D2000-0164 WIPO Mar 22 2000 passive holding of domain name with knowledge of damage it could cause the trademark owner constitutes bad faith use See also UDRP §4 b iv Indeed the notion that mere passive holding of a domain name can constitute

that the Respondent s passive holding of the domain name satisfies the requirement of paragraph 4 a iii of the Policy See also Alitalia-Linee Aeree Italiane S.p.A v Colour Digital D2000-1260 WIPO Nov 23 2000 finding bad faith where