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Frontier Compliance: A Communication System Emerging in Cyberspace
Unformatted Document Text:  15 the panel tends to decide that there is bad faith in the respondent. For example, in a case regarding www.biofield.com , Biofield Corporation in the U.S. that owns the trademark biofield registered the domain name and used for several years. But one year Biofield Corporation failed to re-register for the domain name, and the name became available to anyone. At that time, an individual who had a plan to operate a n non-commercial website on organic farming legitimately registered this domain name. Biofield Corporation contacted the individual and offered to sell the domain name. The individual e-mailed back to Biofield Corporation and asked to suggest price. Biofield suggested $1,000, and the individual responded that he is almost ready to start the site and considering his inconvenience and the advantage that Biofield would gain, he expects a more realistic price suggestion. Biofield Corporation filed a complaint at a UDRP service provider, and the panel decided that the individual negotiated regarding the price of the domain name, and thus he was acting in bad faith. The decision was made for the transfer of the domain name to Biofield Corporation, which had mistakenly failed to secure its own interests by simply forgetting to re-register the domain name of the company web site. When there were no offers or negotiations regarding the sale of the domain name, putting the domain name on the auction site was considered to constitute bad faith in a proceeding regarding www.toefl.com . Even when there were no activities regarding the sale of the domain name, providing visitor count on the web site was considered to be an “offer to sell” by predicting and showing of the site’s value, and thus bad faith. These decisions regarding bad faith show that the UDRP system does not allow a domain name registrant to register a domain name and then change her mind and sell it to someone else. Also, the UDRP system does not seem to acknowledge the monetary value of a domain name as property that an individual registrant can invest on and sell it to other person or business, even if the other person or business recognizes the values of the domain name and is willing to pay for that value. This position suggests a double standard of the UDRP that registrants should not view domain names as property with commercial value, although trademark holders’s commercial rights and their financial investments should be protected in domain names as well as in trademarks, and in cyberspace as well as off-line. In addition, many of the UDRP proceedings do not apply the Policy 4. a. strictly, which requires the complainant to prove each of the three elements including bad faith of the registrant. Even in disputes where bad faith of the registrants are not proven, panels tend to draw conclusions base on the combination of other factors. For example, in a proceeding regarding www.volvoaero.com , the complainant was not able to prove the respondent’s bad faith, but the panel considered that the bad faith was

Authors: Woo, Jisuk.
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the panel tends to decide that there is bad faith in the respondent. For example, in a case
regarding
www.biofield.com
, Biofield Corporation in the U.S. that owns the trademark
biofield registered the domain name and used for several years. But one year Biofield
Corporation failed to re-register for the domain name, and the name became available to
anyone. At that time, an individual who had a plan to operate a n non-commercial
website on organic farming legitimately registered this domain name. Biofield
Corporation contacted the individual and offered to sell the domain name. The
individual e-mailed back to Biofield Corporation and asked to suggest price. Biofield
suggested $1,000, and the individual responded that he is almost ready to start the site
and considering his inconvenience and the advantage that Biofield would gain, he
expects a more realistic price suggestion. Biofield Corporation filed a complaint at a
UDRP service provider, and the panel decided that the individual negotiated regarding
the price of the domain name, and thus he was acting in bad faith. The decision was
made for the transfer of the domain name to Biofield Corporation, which had
mistakenly failed to secure its own interests by simply forgetting to re-register the
domain name of the company web site. When there were no offers or negotiations
regarding the sale of the domain name, putting the domain name on the auction site was
considered to constitute bad faith in a proceeding regarding
www.toefl.com
. Even when
there were no activities regarding the sale of the domain name, providing visitor count
on the web site was considered to be an “offer to sell” by predicting and showing of the
site’s value, and thus bad faith. These decisions regarding bad faith show that the UDRP
system does not allow a domain name registrant to register a domain name and then
change her mind and sell it to someone else. Also, the UDRP system does not seem to
acknowledge the monetary value of a domain name as property that an individual
registrant can invest on and sell it to other person or business, even if the other person
or business recognizes the values of the domain name and is willing to pay for that
value. This position suggests a double standard of the UDRP that registrants should not
view domain names as property with commercial value, although trademark holders’s
commercial rights and their financial investments should be protected in domain names
as well as in trademarks, and in cyberspace as well as off-line.
In addition, many of the UDRP proceedings do not apply the Policy 4. a.
strictly, which requires the complainant to prove each of the three elements including
bad faith of the registrant. Even in disputes where bad faith of the registrants are not
proven, panels tend to draw conclusions base on the combination of other factors. For
example, in a proceeding regarding
www.volvoaero.com
, the complainant was not able
to prove the respondent’s bad faith, but the panel considered that the bad faith was


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