03 · Selling a domainPutting a domain up for sale is not automatically cybersquatting
The UDRP looks at why a domain was registered and who, if anyone, the
registrant was trying to target. A sale price on its own does not answer that.
This matters far beyond LoyalSoldiers.com because millions of domains are
held for resale. If simply asking more than the registration fee proved bad
faith, ordinary domain investing would be almost impossible.
WIPO’s 2026 Overview is explicit on this point. Buying domain names for
resale can be legitimate where the name consists of a dictionary word,
common phrase, acronym or another potentially useful term and the evidence
does not show that the registrant was targeting somebody else’s trademark.
The same principle applies to an offer to sell. WIPO says an offer above
out-of-pocket registration costs is not automatically bad faith where the
registrant has an independent right or legitimate interest in the domain.
The panel looks at the full context: the name itself, the trademark’s
distinctiveness, when rights arose, how the domain has been used and whether
there is evidence that the registrant deliberately targeted the brand owner.
What panels actually look for
Price is evidence only in context. A strong UDRP case normally needs facts
showing that the registrant’s purpose was to exploit the complainant’s
trademark rather than simply own or resell a potentially valuable domain.
- Did the registrant know of and specifically target the complainant?
- Does the domain have a plausible generic, descriptive or independent meaning?
- Was the domain used to imitate, divert from or trade on the trademark owner?
- What was the timeline between the domain acquisition and the complainant’s trademark rights?
That is why a domain being listed for sale — even at a profit — is not the
shortcut some buyers assume it is. The UDRP targets bad-faith cybersquatting,
not the existence of a secondary market for domain names.