WIPO D2000-0003 · 2000
Telstra Corporation Limited v. Nuclear Marshmallows
Transferredtelstra.org
In Telstra Corporation Limited v. Nuclear Marshmallows, D2000-0003 (WIPO, 2000), the panel held that a domain hosting no active website can still be registered and 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.
Summarised by Gergana Dimitrova, who worked at the WIPO Arbitration and Mediation Center from 2018 to 2021 and sits as a domain name panelist at the Czech Arbitration Court. Full background.
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