Consensus on bad faith application in UDRP yet to emerge
31 March 2010
Fionn O'Raghallaigh, London
Panellist Warwick Smith again asserted the need for a conjunctive interpretation of bad faith use and registration in a UDRP decision last week
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| Warwick Smith |
New Zealander Smith noted in BioClin BV v MG USA on Thursday that he agreed with the view expressed in Validas, LLC v SMVS Consultancy Private Limited . He wrote: "the "laudable desire" of some panels to provide a remedy in cases of good faith registration followed by bad faith use, concluded that the only permissible way for a remedy to be provided in such circumstances would be for ICANN to amend the Policy, paragraph 4(a)(iii), by changing "and" into "or"."
Since Scott Donahey first reinterpreted the traditional conjunctive interpretation of bad faith use and registration in City Views Limited v Moniker Privacy Services / Xander, Jeduyu, ALGEBRALIVE ,...
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