What constitutes “bad faith” use of a domain name?
The ACPA instructs the courts to consider a number of factors to determine the presence of bad faith. These are enumerated in the paragraphs below, but many involve new concepts that are rather vaguely defined. It may take some time before courts decide exactly how these new terms should be interpreted. • A court is likely to decide that a domain name registrant acquired or used the name in bad faith if s/he sought to divert customers from a trademark owner’s website to another that, either for purposes of commercial gain or to tarnish the mark, could harm the goodwill represented by the mark. “Goodwill” is a legal term indicating the valuable relationship or familiarity that exists between businesses and their customers and is often embodied in their trademark symbols. It can be harmed if the domain name is likely to cause confusion about what organization created or sponsored a website. Bad faith from attempted commercial gain can arise if a domain name holder steals customers becaus
- What constitutes "bad faith" in connection with the registration and use of a registered CN domain name or Chinese domain name?
- What constitutes "bad faith" in connection with the registration and use of a registered gTLD domain name?
- What constitutes "bad faith" in connection with the registration and use of a registered .ph domain name?