@article{cosmovici2025badfaith,
  title = {Bad-Faith In The Post-Covid Era And Risk Of Confusion: A Model For Generating Decisions In Domain Names Conflicts},
  author = {Paul COSMOVICI and Adrian Ionuț MOSESCU and Daniela MARINICA and Brindusa BIRSAN and Denisa-Roxana BOTEA-MUNTEAN and Daniela Maria STANCIU (FRATILA)

 },
  year = 2025,
  url = {https://ibimapublishing.com/articles/JISNVC/2025/954366/},
  journal = {Journal of Internet Social Networking and Virtual Communities},
  volume = 2025,
  pages = 10,
  doi = 10.5171/2025.954366,
  abstract = {The rise of online sales post-COVID has fueled domain name misuse, sparking conflicts between trademark owners and cybersquatters. This study delves into the Uniform Dispute Resolution Policy (UDRP), focusing on how "bad faith" is defined and applied in domain name disputes. By examining over 200 cases, the research identifies patterns in arbitration decisions and unwritten criteria that panels use to determine bad faith registration and use. It introduces a conceptual model that aligns three key UDRP criteria: confusing similarity, legitimate interests, and bad faith.
The findings reveal a flexible interpretative framework, enabling arbitration panels to address ambiguities while balancing the rights of trademark owners and domain name registrants. Panels extend or limit the criteria's application, often deducing one element (e.g., similarity) from another (e.g., bad faith). This nuanced approach helps protect trademarks and promotes ethical practices in online marketing, but also highlights inconsistencies stemming from subjective interpretations.
The study suggests the need for clearer guidelines and further research into cultural and regional influences on arbitration outcomes. It underscores the evolving nature of the UDRP and its role in safeguarding intellectual property while ensuring fairness in domain name disputes.},
  keywords = {Post Covid On-line Sales; Ethical and Good-Faith Marketing; Domain Names Conflicts.},
  note = Article ID: 954366
}