Generic Domain Name not used in Bad Faith

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On 29th January 2007 the National Arbitration Forum allowed a domainer to keep the domain, which it decided had not been registered in bad faith.

Registration and Use in Bad FaithThe Panel finds that Respondent registered the domain name based on the dictionary meaning of the term “pig” and not to take advantage of Complainant’s generic mark. See CNR Music B.V. v. High Performance Networks, Inc., D2005-1116 (WIPO Jan. 23, 2006) (“The registration of the domain name appears to have been aimed at exploiting the ability of the word itself to attract Internet users, and not aimed at taking advantage of the Complainant’s reputation or trademark.”); see also Target Brands, Inc. v. Eastwind Group., FA 267475 (Nat. Arb. Forum Jul. 9, 2004) (holding that the respondent’s registration and use of the domain name was not in bad faith because the complainant’s TARGET mark is a generic term); see also Miller Brewing Co. v. Hong, FA 192732 (Nat. Arb. Forum Dec. 8, 2003) (finding that because the respondent was using the domain name, a generic phrase, in connection with a search engine, the respondent did not register and was not using the disputed domain name in bad faith). The Panel finds this element has not been satisfied. DECISIONComplainant having failed to establish all three elements required under the ICANN Policy, the Panel orders that relief shall be DENIED.

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