s trademark even Respondents passive holding of the domain is bad faith usage This Panel finds Respondents have both registered the domain name in bad faith and are using it in bad faith 7 Decision Pursuant to ICANN Policy para 4 i and Rule 15

the domain name in question Passive holding of a domain name is evidence of bad faith The Policy indicates that its listing of bad faith factors in Paragraph 4.b is without limitation Given the prior ownership of the domain name the disruption of

name since registration Passive holding of the domain name with the knowledge that it infringes on a trademark of another is evidence of use in bad faith See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 The panel concludes

toward achieving his plan Passive holding of a Domain Name constitutes a use of the name This evidence and findings made in other cases cited in Complainants Reply relative to Respondents domain name activities supports the conclusion that

panelists have held that passive holding of the domain name without use in commerce may support a holding of use in bad faith Telstra Corporation Limited v Nuclear Marshmallows Case No D2000-003 On a balance of probabilities I find that the

iii Rather the Respondent is passively holding the domain name in question and preventing the Complainant from utilizing its mark in a domain name The panel determines that the Respondent has no rights or legitimate interests in the domain name at

the domain name but is rather holding it passively without activating the website The panel determines that the Respondent has no rights or legitimate interests in the domain name in question Registration and Use in Bad Faith The Complainant

is an example where so called passive holding of a domain name has been held to constitute use within the meaning of paragraph 4 a iii of the Policy That such passive holding may fall within paragraph 4 a iii finds support from the fact that the

domain name for over 4 years Passive holding of a domain name is evidence of registration and use in bad faith See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 Mondich & Amer Vintage Wine Biscuits Inc v Brown D2000-0004 WIPO Feb

positive action Inaction or a passive holding of a domain name registration can in some circumstances constitute using a domain name in bad faith The examples of registration and use in bad faith set forth in paragraph 4 b of the Policy are not

also submits that the passive holding of a domain registration can amount to use in bad faith taking into consideration the overall context of the Respondent s behaviour The Complainant argues that actual affirmative use is not required The

show that the Respondent s passive holding amount to acting in bad faith The Administrative Panel has considered whether in the circumstances of this particular Complaint the passive holding of the domain name by the Respondent amounts to the

the domain name in question Passive holding of a domain name is evidence of bad faith See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 finding that passive holding of a domain name is use of the domain name in bad faith Based

of trading goods or services Passive holding of a domain name without any attempts to develop the website raises the inference of use in bad faith See Mondich & Amer Vintage Wine Biscuits Inc v Brown D2000-0004 WIPO Feb 16 2000 holding that the

the domain name in question Passive holding of a domain name is evidence of bad faith See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 The Respondent s consent to transfer the domain name in addition to the failure to develop

WIPO Feb 18 2000 finding that passive holding of a domain name is use of the domain name in bad faith The Respondent then used the domain names to attract Internet users to his website by creating a likelihood of confusion with the Complainant's

2000 The Respondent is simply holding the domain names without any legitimate use See Telstra Corp v Nuclear Marshmallows D2000-003 WIPO Feb 18 2000 stating that passive holding of a domain name is use of the domain name in bad faith Based on the

of the domain names at issue Passive holding of a domain name for a period of time is evidence of bad faith See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 I t is possible in certain circumstances for inactivity by the

panelists have held that passive holding of the domain name without use in commerce may support a holding of use in bad faith Telstra Corporation Limited v Nuclear Marshmallows Case No D2000-0003 On a balance of probabilities I find that the

WIPO Feb 16 2000 In addition passive holding of a domain name reveals use of the domain name in bad faith See Telstra Corp v Nuclear Marshmallows D2000-0003 WIPO Feb 18 2000 Based on the preceding the panel finds that the Respondent registered and