Wal-Mart’s Domain Name Battles
A recent decision by the WIPO Arbitration Center took the domain name walmartfacts.biz away from Jeff Milchen, a self-described Wal-Mart critic. The panel found that Milchen had "registered the name in bad faith," a term that has specific meaning under ICANN’s Uniform Domain-Name Dispute Resolution Policy (UDRP). According to Evan Brown:
In taking this "totality of the circumstances" approach, the panel considered four factors to find that the domain name was registered in bad faith. First, the respondent had not used the domain name to post content constituting fair use or any other legitimate purpose. Second, the respondent knew of Wal-Mart’s trademark rights when he registered the domain name in January of 2005. Third, the respondent’s "admitted animus" was an indication of actual malice and ill will toward Wal-Mart. Fourth, the use of the entire Wal-Mart trademark in the domain name made it difficult for users of the Internet to infer a legitimate use of the domain name by the respondent.
