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ADORAIntellectual Property

WIPO D2000-0003 · 2000

Telstra Corporation Limited v. Nuclear Marshmallows

Transferredtelstra.org

What the case decided

A domain name that hosts nothing at all can still be used in bad faith, where the mark is well known, the registrant concealed their identity and no good faith use is plausible. This is the origin of the passive holding doctrine.

The parties

Complainant
Telstra Corporation Limited
Respondent
Nuclear Marshmallows

Read the decision

The full text is published by the WIPO Arbitration and Mediation Center. We summarise it here; the decision itself is the authority.

WIPO decision D2000-0003

Someone has taken a domain that uses your brand?

The first assessment is free and comes back within 24 hours. If the case is weak we say so rather than take the fee.