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Originally Posted by CYF
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I have the impression you don't really understand what the UDRP is or how it works..
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Paragraph 4(a) of the ICANN UDRP Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith.
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so according to the UDRP policy in this case only point (1) is fulfilled , it is indeed a trademark and I have no real rights to it, but point (2) is pretty interesting.. do I have a legitimate interest? I would say Yes I have if I want to sell Ipod Nano's and final point (3) is an easy one .. obviously I am not handling in bad faith if I use the name to sell Ipod Nano's
example from the links you gave to give my stance some credibility :
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Complainant argues that Respondent?s <ipodnano.com> domain name resolves to a website soliciting Internet user?s personal information, presumably for marketing leads, by offering a ?giveaway? of ipod nanos. The Panel finds that Respondent?s use of the disputed domain name to redirect Internet users to Respondent?s website soliciting personal information by promising a ?giveaway? of ipod nanos, presumably for financial gain, does not constitute a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii).
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This guy was not using ipodnano.com to sell ipodnano's but rather to get personal information from people looking for information on ipod nano's . If that guy had just sold ipodnano's on it , or made a site about the nano I think there would never have been an issue
So I am not too sure if the wording in the links you provided is too hard for you too understand or something ? but basically it contradicts everything you are trying to say. Why would you provide links that speak in my favor ?