An Example of Losing a Domain Name Through Parking - TalkDomains.com

ArtPark · #1 (**permalink**) 09-04-2006, 08:47 AM

This proves that “parking” a domain name will get you penalized and you will lose it. Hold up a domain name and use it for malicious purposes and you may get taken to court. The piece below comes from the case of Campus Circle, Incorporated v. MustNeed.com over the domain name of campuscircle.com.

Quote:

Registration and Use in Bad Faith

Respondent has parked the <campuscircle.com> domain name at a web directory containing links to a variety of third-party websites having no association with Complainant. In Bank of Am. Fork v. Shen, FA 699645 (Nat. Arb. Forum Jun. 11, 2006), the panel held the respondent’s previous use of the <bankofamericanfork.com> domain name to maintain a web directory was evidence of bad faith because the respondent presumably commercially benefited by receiving click-through fees for diverting Internet users to third-party websites. The Panel infers that Respondent is also receiving click-through fees through the diversion of Internet users to other websites.

Consequently, the Panel finds that Respondent is taking advantage of the confusing similarity between the <campuscircle.com> domain name and Complainant’s CAMPUS CIRCLE mark in order to profit from the goodwill associated with the mark in violation of Policy 4(b)(iv). See Bank of Am. Corp. v. Out Island Props., Inc., FA 154531 (Nat. Arb. Forum June 3, 2003) (stating that “[s]ince the disputed domain names contain entire versions of Complainant’s marks and are used for something completely unrelated to their descriptive quality, a consumer searching for Complainant would become confused as to Complainant’s affiliation with the resulting search engine website” in holding that the domain names were registered and used in bad faith pursuant to Policy 4(b)(iv)).

ArtPark · #2 (**permalink**) 09-04-2006, 08:48 AM

Additional details and examples regarding the case can be found at:

http://www.arb-forum.com/domains/decisions/744613.htm

ArtPark · #3 (**permalink**) 09-04-2006, 08:49 AM

Basically, if you can’t prove that you have no real need for a domain name, you may lose it if a company has ties to it.

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