Case No D2000-0003 inaction passive holding other than those identified in paragraphs 4 b i ii and iii may constitute a domain name being used in bad faith The Complainant submits that the Respondent is not actively using the said domain name as

circumstances of inaction passive holding other than those identified in paragraphs 4 b i ii and iii may constitute a domain name being used in bad faith The Complainant submits that the Respondent is not actively using the said domain name as

what it refers to as passive components including resisters capacitators and inductors YAGEO states that it commenced its Internet activity by registering as a web site www.yageo.com.tw tw is the country code and the registration focused

that there is more than passive holding maintaining that Respondent holding is active since Respondent has made reference to a project and engaged in a correspondence with the trademark owner B Respondent The Respondent did not submit any

also owns other domain holdings including the disputed domain name which was registered on May 6 1999 No active use has since been made of it other that for protective purposes as described below The corresponding web site displays a holding

the Panel concluded that the passive holding of a domain name under circumstances similar to those present here satisfies the requirement that the domain name is being used in bad faith by respondent Accordingly Respondent s actions constitute

Use in Bad Faith Inaction i.e passive holding of a domain name can amount to bad faith use Telstra Corporation v Nuclear Marshmallows Case D2000-0003 In this case as the Complaint points out the Respondent passive holding of the domain name in

that she is not ruling that passive holding of a domain name without more is sufficient to support a finding of bad faith use There may well be circumstances in which passive holding is perfectly consistent with good faith but no such

in certain circumstances the passive holding of a domain name is an act of bad faith The Panel finds that Canadian Tire trademarks are pervasive in Canada and that other persons or entities would not choose identical or confusingly similar domain

must be remembered that even passive holding of a domain name can be evidence of bad faith registration and use of a domain name See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 I t is possible in certain circumstances for

years Under other UDRP cases passive holding of a domain name for an extensive period of time can be evidence of registration and use in bad faith See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 finding that passive holding of

decisions that a Respondent s passive holding of the domain name in dispute satisfies the requirements of paragraph 4 a iii that the domain name is being used in bad faith by the Respondent For the purposes of this decision and in the interests of

name in addition to the passive holding of the domain name reveal that the Respondent registered and uses the domain name in bad faith Further even though Respondent has never ‘used the domain name as an active web address his passive

registration 8.4 Respondent passive holding of the domain name together with the similar holding of a large number of other domain names incorporating the trade marks of others constitutes evidence of use in bad faith within the meaning of that

use as does his continued passive holding of the names The Respondent has not filed a Response 6 Discussion and Findings Paragraph 15 a of the Rules instructs the Panel to decide a complaint on the basis of the statements and documents

for A2000 or A1000 and his passive holding of the Domain Name Given the Complainant s high public profile and well established trademarks there can be no plausible explanation by the Respondent for registering the Domain Name other than to

at issue The Respondent s passive holding of the domain name is evidence of bad faith registration and use See Telstra v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 Prior versions of the website indicated that the website was for sale The

to establish a web-site as passive holding of the domain name Complainant cites in support the well-known decision in Telstra Corporation Ltd v Nuclear Marshmellows Case D2000-0003 as well as Mondich and American Wine Biscuits Inc v Brown Case

cites several cases holding that passive holding of a domain name may constitute bad faith registration and use These cases may be distinguished from the case before this Panel In Mary-Lynn Mondich and American Vintage Wine Biscuits Inc v

been held that inaction i.e passive holding can amount to bad faith use Case D2000-003 Telstra Corporation v Nuclear Marshmallows Again in the Panel view there is a total absence here for any finding of good faith use by the Respondents 6.10 The