---
title: "What Is Passive holding doctrine? Domain Glossary | Grit Brokerage"
description: "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..."
url: https://gritbrokerage.preview.multisites.ai/glossary/passive-holding-doctrine
publisher: Grit Brokerage
contact: https://gritbrokerage.preview.multisites.ai/contact
offer: https://gritbrokerage.preview.multisites.ai/inquiry
---

Legal and disputes

# 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.

## 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](https://www.wipo.int/en/web/amc/domain-name-disputes/overview/index)

[Read nextDomain Names and Trademarks: UDRP, Cybersquatting, and How to Buy Safely](https://gritbrokerage.preview.multisites.ai/guides/domain-trademark-udrp-risk)

## Buying or selling a domain?

Call, text or email. Responsiveness is our trademark, and a broker answers, not a form robot.

[Talk to a broker](https://gritbrokerage.preview.multisites.ai/contact) [Call (442) 500-GRIT](tel:+1-442-500-4748)