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ADORAIntellectual Property

Passive holding

What is passive holding under the UDRP?

A domain with no active website can still lose a UDRP case for bad faith use. The panel in Telstra Corporation Limited v. Nuclear Marshmallows, D2000-0003 (WIPO, 2000), transferred a passively held domain because the mark was well known, the registrant concealed their identity, and no good faith use was plausible. That test is now called passive holding.

Cases that establish this

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