Category Archives: WHOIS Directory

Non Disclosure of Beneficial Owner of Domain Name as a Factor Pointing to Bad Faith Registration and Use

Posted on March 30, 2012 by Gmlevine

The “use of a privacy or proxy registration service is not in and of itself an indication of bad faith … [but] the manner in which such service is used can in certain circumstances constitute a factor indicating bad faith.” WIPO Overview 2.0 paragraph 3.9. The second sentence has in mind registrar’s failure after it receives notice of a complaint from the Provider to disclose information about the beneficial owner of the domain name. The “common practice … to which reputable registrars offering such services appear to subscribe … [is to] disclose the details of the underlying registrant to the Center during UDRP proceedings in response to the Center’s verification request.” WSFS Financial Corporation v. Private Registrations Aktien Gesellschaft 2… Read the rest

Posted in Beneficial owner, Para. 4(a)(iii) of the Policy, Unauthorized use, WHOIS Directory, WIPO | Tagged , , , , | Leave a comment

Registrant’s Assent to Maintain Accurate Information in the WHOIS Database

Posted on May 14, 2010 by gmlevine

When challenged for abusive registration respondents’ privacy veils are lifted for the duration of the UDRP proceedings and the WHOIS database will so reflect. Proxies if they are truly the registered owners of record and not another name for a privacy service are a different matter. Beneficial owners can remain anonymous, in which event the respondent’s right or legitimate interest will be tested against the proxy’s (fictitious) registration and use of the disputed domain name. A recent example is Audigier Brand Management Group, LLC v. Private Whois Service, FA1003001313253 (Nat. Arb. Forum May 3, 2010). The genesis of the WHOIS database was ICANN’s periodic Memoranda of Understandings with the U.S. Department of Commerce (under which ICANN was created) and … Read the rest

Posted in Cybersquatting, ICANN, IP-Trademark, Para. 2 of the Policy, Privacy / Proxy, WHOIS Directory | Leave a comment