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September 15, 2010 / Nate Harris

Worst Decision of 2010?

The Domain Name Wire has been abuzz over the decision in Monsterops, LLC v. Testosterone LLIC (Nat. Arb. Forum Complaint No. 1333475). Many are calling it the worst decision of the year. I haven’t read them all, so I can’t say, but… it’s pretty bad. Essentially, the Panelist finds bad faith registration where the domain was registered years before the complainant registered or began using its trademark. To be sure, the response by the respondent was deficient in almost every way imaginable. Nonetheless, bad faith requires intent, of which there was no evidence here.