Difference between Bad Faith In Registration vs In Usage, ends in RDNH

Domain name registration and usage procedures have a lot of little technicalities that often emerge during legal procedures. Like take Bad Faith for instance. What constitutes a Bad Faith in Registration and what constitutes a Bad Faith in registration? Try to access through this case study.

A dispute arose related to the domain name Securus .com. The Complainant was Securus Technologies, LLC. The US based company provides services to customers in the corrections and government services sectors. The company had registered the trademark ‘Securus’ at USPTO in November 2006 with first usage in August 2004. 

The respondent is a Chinese domain name investor. The registration of the domain name dates far back to September 1995. The domain name currently lands at a parking page that has a number of links in it.

The panel found out that the domain name was indeed being used in Bad Faith. The Respondent had no related business or services operating on the domain name. However, the panel did point out that the domain registration couldn’t have been in Bad Faith as it was registered almost a decade before any usage by the Complainant.

Not only did the panel deny the Complainant, but also asked the point of such a case. The Complainant should have known that the case wouldn’t be able to stand on its feet. Not in its present format. RDNH was also awarded.

You can read about the case in detail here.


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