November 29, 2004

The domain owner who didn't have the complainant or its trademark in mind is not a cybersquatter

A panel denied a claim on the domain name after ruling that the linking of domain names to pornographic websites can constitute bona fide offerings of services and can only support a finding of bad faith if it is shown that the Respondent had the Complainant or its trademark in mind when selecting the domain name for that purpose. The panel found that there is no evidence to suggest that the Respondent had ever heard of the Complainant or its trademark when the Respondent adopted the domain name for its website.
WIPO Domain Name Decision: D2004-0743, Perfect Potion v. "Domain Administrator"

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