Professional Documents
Culture Documents
Cycle, D2004-0824 (WIPO Jan. 18, 2005) (finding that the issue of bad
faith registration and use was moot once the panel found the
respondent had rights or legitimate interests in the disputed domain
name); see also Vanguard Group Inc. v. Investors Fast Track, FA
863257 (FORUM Jan. 18, 2007) (Because Respondent has rights and
legitimate interests in the disputed domain name, his registration is
not in bad faith.).
In it's attempt to assert bad faith, Complainant confuses a general offer
for sale with the type of behavior set out in Policy 4(b)(i). See Policy
4(b)(i):
[C]ircumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the domain name registration
to the complainant who is the owner of the trademark or
service mark or to a competitor of that complainant, for
valuable consideration in excess of your documented out-ofpocket costs directly related to the domain name[.] (emphasis
added). Respondent has not registered or used <aati.com> in
bad faith because it has not violated the above provision of the
Policy. Respondent is a generic domain name reseller. Sale of
domain names for profit is not proscribed by the Policy or the
ACPA. See Electronic Arts Inc. v. Abstract Holdings Intl LTD /
Sheren Blackett, FA 1415905 (FORUM Jan. 4, 2012):
Respondent never offered to sell the <ssx.com> domain name to
Complainant. Respondent never targeted Complainant as a
potential purchaser of the domain name. The offer to sell was
automatically generated on the resolving website. Respondent
would certainly have sold the name to Complainant, as
Respondent would have sold to any person interested in
purchasing the name, but it did not intend to sell the disputed
domain name to Complainant. These facts do not show that
Respondent registered or used the <ssx.com> domain name in
bad faith under Policy 4(b)(i).
Accordingly, the Panel finds the facts of the instant dispute analogous
to those in Electronic Arts Inc. and therefore that Respondent did not
register or use <aati.com> in bad faith under Policy 4(b)(i).
In this case, there is no evidence that Respondent had actual or
constructive knowledge of Complainant when registering the domain
name. Complainants reputation is among a very limited clientele who
possess doctorates in genetics and run sophisticated laboratories.