Passive holding doctrine

Why it matters

The doctrine began in the 2000 Telstra decision. Panels look at the mark's fame, whether the owner gave false details, whether any real use is plausible and other facts together. Not using a domain is not enough alone. WIPO's Overview 3.1 covers this in section 3.3. For domain owners, the risk is highest with names that match well-known brands. A generic or descriptive name held for later resale is on safer ground. A common mistake is thinking a blank page is a defense. For a brand-like name, it can be evidence against you.

Source: wipo.int