CDRP MSCanada.ca - Decision = Transfer (9.Viewing)

I don't know why price is still a factor in determining bad faith, under the CDRP:

• #478 - Multiple Sclerosis Society of Canada v. Manpreet Sidhu (Domain Transferred - Three Panelists - PDF)
  

  mscanada.ca
  The Complainant owns the MS Canada trademark. The Registrant is using the website as a parked website, and offered to sell the Domain Name to the Complainant for an amount that must exceed $20,000.00. The Panel found that the Domain Name was registered in bad faith because the Registrant failed to provide any evidence that it was intending to use the Domain Name for a business "Merchant Services of Canada", and made a large financial demand offering to sell the Domain Name. (summary prepared by David Lipkus)

  Click to expand...

davidm said:

I don't know why price is still a factor in determining bad faith, under the CDRP:

• #478 - Multiple Sclerosis Society of Canada v. Manpreet Sidhu (Domain Transferred - Three Panelists - PDF)

Click to expand...

This decision hits home that domains like this need to be developed with some reasonable content that relates to the domain name, such as was the case in the following WIPO decision:

Could it be there are multiple factors in the decision?

1) being that the domain name is parked
2) asking for large sum

I believe those two combined is the problem. I don’t park domains and I’m sure when you are parking a domain it plays a large role in their decision making.

Well I owned hundrerds of LLCanada.ca & LLCanada.com in the early 2000's and I remember working with Hover and making a script to buy them up.
That is how I got into domaining and it predates most of my inventory. In fact so much so that a large majority of these domains were sold by me although not for large amounts of money but enough to make decent profit.

Today I only have a few left and I must say this decision surprises me because when I look at the domain name I instantly think Microsoft and the Multiple Sclerosis Society of Canada does not even come to mind.

Personally if it was me I would challenge the decision in court but the owner did make some mistakes which I hope other owners will not repeat...

I have my domains at a number of marketplaces, priced and not priced but I point a lot of them to my MarketPlace here at dn.ca/market/mapledots. Domaining is a legitimate business and I use my marketpage to convey that. One of the mistakes people do is they pretend to own a business like Merchant Services of Canada. That is a no no, just tell the truth and tell them you are a reseller and you have a legitimate business. The domain is two generics with the word Canada. I never lost one but I learned my lesson early on not to pretend I own a made up business to justify a domain.

I immediately thought Microsoft was the complainant, so there are definitely multiple uses.

A lot of these panelists are trying their damnedest to give away domains to notable organizations, and will continually pick and choose their rationale from their "list of spurious and unsupported reasons", such as the old canard "he priced it too high!!".

I'd love to force one of those jokers to sell me their house they've owned for 20 years at "no more than the acquisition costs".

It's incredibly obvious from reading CDRPs that the panelists are mostly in the hip pocket of business - it's late stage capitalism at work. Just read a few Claude Freeman specials and you might never want to buy a domain again. He once gave away a generic LLL to a company that no one outside of their local area has ever heard of - as proof the CDRP even misspelled the company name.

If the company wants the domain enough and uses the right panelist(s), they will get it - that's just how the CDRP and UDRP works. Just look at the recent UDRP where a company made first contact, then hired a GoDaddy broker to buy a name and he underbid the asking price, thereby proving to the panelist "that the price was much too high".

Seriously, as a corporation all you need to do is hire a GD broker, underbid the domain asking price and you automatically own the domain. Panelists be giving it away like candy.

There is more to it than that. Like I said, if you have domains that you feel are valuable. How can you park those domains? I went over the dispute in more detail and they even had ad’s that were related to complainant. That’s just asking for trouble.