Quote:
Originally Posted by WarChild
How do domain disputes really work? Do they question if a trademark will hold up in court? I would expect it's simpler than that. I wouldn't be too surprised if Shap could win in a domain dispute.
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He'll have to prove 3 things. If even 1 of them can't be proven he loses.
1. The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; (most people prove this one easily)
2. The domain name holder has no rights or legitimate interest in respect of the domain name; (he probably won't be able to prove this one, if hdkiller gets a good domain lawyer)
3. The domain has been registered and is being used in bad faith; (he'll most surely lose this one).
hdkiller would have had to be a psychic to know #3 above. Some of these panelists frown on people like Shap abusing the system too, and I hope he gets one of those panelists. His reverse domain hijacking career will have a few stakes driven into his heart early in the game.