An extract of policy document factors used to support evidence that a domain name registration is not an unfair registration is listed below along with our comments on how these apply to domain name traders. This list is not conclusive nor exhaustive!

6.1. A non-exhaustive list of factors which may be evidence that the Domain Name is not an Unfair Registration is set out in paragraphs 6.1.1 – 6.1.4:

6.1.1. Before being aware of the Complainant's cause for complaint (not necessarily the Complaint itself), the Respondent has:

(a) used or made demonstrable preparations to use the Domain Name or a Domain Name which is similar to the Domain Name in connection with a genuine offering of goods or services

Our interpretations:
By directly selling a product or service from your website you have fairly good grounds to proove a fair registration. But it's hard to say what else would be considered a genuine offering of goods or services. For instance, does offering advertising on the website constitute a genuine offering of services? Does parking the domain with a third party domain monetisation service constitute a genuine offering of services (e.g. links to help users find what they want).

(b) been commonly known by the name or legitimately connected with a mark which is identical or similar to the Domain Name

(c) made legitimate non-commercial or fair use of the Domain Name

6.1.2. The Domain Name is generic or descriptive and the Respondent is making fair use of it in a way which is consistent with its generic or descriptive character

Our interpretations:
This is the best way to play it safe as a domain name trader or speculator. Stick to generic names and put up simple websites based on the generic words.

6.1.3. In relation to paragraph 5.1.5; that the Registrant's holding of the Domain Name is consistent with an express term of a written agreement entered into by the Parties

Our interpretations:
Fairly obvious. If such a document exists then there should be no doubt as to who is the rightful owner of the domain name.

6.1.4. In relation to paragraphs 5.1.3 and/or 5.3; that the Domain Name is not part of a wider pattern or series of registrations because the Domain Name is of a significantly different type or character to the other domain names registered by the Respondent.

Our interpretations:
Significantly different type or character sounds fairly subjective to us and it may be hard to prove.

6.2. Fair use may include sites operated solely in tribute to or in criticism of a person or business.

6.3. If paragraph 5.3 applies, to succeed the Respondent must rebut the presumption by proving in the Response that the registration of the Domain Name is not an Unfair Registration.

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