What Is Bad faith? Domain Glossary

Why it matters

The UDRP lists examples of bad faith. These include registering mainly to sell the name to the mark owner for more than the cost of registration, blocking a mark owner from using its name, disrupting a competitor, or using the name to draw users by confusion. Both registration and use must be in bad faith. A domain bought for its generic meaning is not in bad faith just because the owner will sell it. A common mistake is writing an offer email that sounds like you bought the name to sell to a brand. Keep sales language neutral and open.

Source: icann.org

Where we use this term

Related terms

UDRP: The Uniform Domain-Name Dispute-Resolution Policy, ICANN's rules for resolving trademark-based complaints about domains. A complainant must show three elements, and the usual remedy is transfer or cancellation.
Cybersquatting: Registering or using a domain name that matches or copies someone's trademark in bad faith, often hoping to sell it to the mark owner at a profit or to trade on its goodwill.
Rights or legitimate interests: Rights or legitimate interests is the second element of a UDRP complaint. It asks whether the domain owner has a real, good-faith reason to hold the name, such as a business, a nickname, or fair use.
Confusingly similar: Confusingly similar is the first test in a UDRP complaint. It asks whether the domain name is close enough to a trademark that the mark is recognizable in it.
Passive holding doctrine: A UDRP idea that holding a domain without using it can still count as bad faith when other facts point to abuse, such as a famous mark and no plausible good-faith use.

All 205 terms

Why it matters

Where we use this term

Buying or selling a domain?