legal TopChef.com is it a UDRP waiting to happen?

[equity78]

TopChef.com dropped and was caught by DropCatch, the auction is already at $4,150. Now most people know the Top Chef brand as a tv show on Bravo. Bravo and others have many live trademarks on the term "Top Chef" These range from entertainment services, caps, aprons and hats, video discs and many more categories. The domain name was registered in 2003 and looks to have had one … [Read more...]

 

[BeforeTheDot]

I put a bid on it and immediately after I thought the same thing.

 

[FPForum]

I'd have to agree.. Let's not forget Bravo is owned by NBCUniversal, which is a subsidiary of Comcast. Basically, you'd be messing with a monster that has plenty of money and lawyers behind them. It's a great domain and could be developed into so many different things. Just probably not something that company doesn't already have trademarks in :\

 

[LarryDomain]

I don't plan on losing

 

[trelgor]

I don't plan on losing

You where the high bidder?

 

[wwwulff]

You where the high bidder?

The auction is still running

 

[trelgor]

Right.

 

[Jv1999]

i would steer clear from this name. Simply because it's unsailable?

besides the TM holders, who would buy this? Who would be crazy enough to dev on a domain that could get UDRP'd depending on what you're sailing / servcies you're offering?

They're going to buy it for over 20k, and then all that goes down the drain with one UDRP..

 

[WhoaDomain.com]

how did that domain end up in Dropcatch auction is the question. I mean wouldn't it have gone to auction at the registrar it was registered at first? That way it would have kept it's "aging".

where was it registered before drop? Maybe had it been auction prior to delete it would have been worth the bid. as it would have be a registered domain prior to Top Chef ever airing.

Edit: nevermind. It was with a registry with no auction option. Check out all those transfers

topchef.com Domain Hosting History - HosterStats.com
Old Hoster New Hoster Month / Year Zone Date Transaction
WEB48.CO.NZ N/A June 2019 2019-07-01 Deleted
DOMAINCONTROL.COM WEB48.CO.NZ April 2018 2018-05-01 Transfer
AWSDNS-52.CO.UK DOMAINCONTROL.COM December 2016 2017-01-01 Transfer
AWSDNS-39.NET DOMAINCONTROL.COM December 2016 2017-01-01 Transfer
AWSDNS-29.ORG DOMAINCONTROL.COM December 2016 2017-01-01 Transfer
AWSDNS-10.COM DOMAINCONTROL.COM December 2016 2017-01-01 Transfer
INMOTIONHOSTING.COM AWSDNS-52.CO.UK November 2014 2014-12-01 Transfer
INMOTIONHOSTING.COM AWSDNS-39.NET November 2014 2014-12-01 Transfer
INMOTIONHOSTING.COM AWSDNS-29.ORG November 2014 2014-12-01 Transfer
INMOTIONHOSTING.COM AWSDNS-10.COM November 2014 2014-12-01 Transfer
WEBANDSEOPROS.COM INMOTIONHOSTING.COM April 2013 2013-05-01 Transfer
SEOCATAPULT.COM WEBANDSEOPROS.COM January 2013 2013-02-01 Transfer
HOSTMONSTER.COM SEOCATAPULT.COM February 2012 2012-03-01 Transfer
DOMAINCONTROL.COM HOSTMONSTER.COM December 2007 2008-01-01 Transfer
SECURESERVER.NET DOMAINCONTROL.COM October 2007 2007-11-01 Transfer
JOMAX.NET SECURESERVER.NET January 2004 2004-02-01 Transfer
SECURESERVER.NET JOMAX.NET November 2003 2003-12-01 Transfer
RACKSHACK.NET SECURESERVER.NET October 2003 2003-11-01 Transfer
N/A RACKSHACK.NET June 2003 2003-07-01 New
IMCONLINE.NET N/A March 2003 2003-04-01 Deleted
IMCONLINE.NET N/A December 2000 Epoch

 

[strugar]

i would steer clear from this name. Simply because it's unsailable?

You mean unsellable? Yes, I think so, too, it would be next to impossible to sell it. However, it is developable. If purchased by end user at this auction, I don't see why he/she would have any issues - "top chef" is pretty generic term, so the one that already has business in that niche can claim legitimate rights to use it.

 

[LarryDomain]

I am the top chef at home and I want my title.

 

[Jv1999]

You mean unsellable? Yes, I think so, too, it would be next to impossible to sell it. However, it is developable. If purchased by end user at this auction, I don't see why he/she would have any issues - "top chef" is pretty generic term, so the one that already has business in that niche can claim legitimate rights to use it.

Top chef is not a generic term. Sure, it's a phrase that can be put together, but that doesn't mean it's generic. Good chef would be more generic, but top chef idk. It's almost like if there was a brand called "Magenta Box" and someone said it's a generic term, when it's not so much.

It's developable............ in a niche that has nothing to do with culinary arts, culinary tools... and the list goes on... might even include tv. So you could probably develop the domain into a website about cannabis? Oops, what if top chef is already using cbd in their edibles experiments..

 

[brandpluck]

I almost bought this back in 2017. Seller wanted $5k. But couldn’t pull the trigger due to fears of a UDRP.

 

[equity78]

IC 016. US 002 005 022 023 029 037 038 050. G & S: [ CALENDARS, ] COOKBOOKS [, STATIONERY, AND PRINTED RECIPECARDS ]. FIRST USE: 20080430. FIRST USE IN COMMERCE: 20080430

IC 009. US 021 023 026 036 038. G & S: PRE-RECORDED VIDEO DISCS, DIGITAL AUDIO AND AUDIO VIDEO [ TAPES AND ] DISCS, FEATURING REALITY COMPETITION TELEVISION PROGRAMS AND OTHER ENTERTAINMENT PROGRAMMING RELATED TO REALITY COMPETITION TELEVISION PROGRAMS; AND INTERACTIVE VIDEO AND COMPUTER GAMES PROGRAMS. FIRST USE: 20081112. FIRST USE IN COMMERCE: 20081112

IC 043. US 100 101. G & S: RESTAURANT SERVICES. FIRST USE: 20100108. FIRST USE IN COMMERCE: 20100108 (Not Bravo)

IC 008. US 023 028 044. G & S: Kitchen cutlery, household utensils, namely chef, kitchen, butcher, and paring knives, shears, and scissors. FIRST USE: 20031001. FIRST USE IN COMMERCE: 20031001 (Not Bravo, what's interesting is that Bravo has a website at TopChefCutlery.com)

TOP CHEF JUNIOR
Goods and Services IC 041. US 100 101 107. G & S: Entertainment services, namely, production of television programming in the nature of a reality competition television series; providing non-downloadable television programs and entertainment programming related to a reality competition television series online via a global computer network; providing online electronic games; providing a website featuring information related to a reality competition television series. FIRST USE: 20171013. FIRST USE IN COMMERCE: 20171013

IC 041. US 100 101 107. G & S: Entertainment services, namely, television programming in the nature of a reality competition television series; providing non-downloadable television programs and entertainment programming related to a reality competition television series online via a global computer network; providing online electronic games; providing a website featuring information related to a reality competition television series; and entertainment services, namely, providing podcasts in the field of a reality competition television series. FIRST USE: 20060308. FIRST USE IN COMMERCE: 20060308

 

[LarryDomain]

NO ONE bid, this is going to be UDRP!! I want this under $4500.

 

[LarryDomain]

This one is closing in about an hour and fools are trying to bid up my title.

 

[tonyk2000]

Current Bid: $6716 USD

Imho it is likely that:

a) the domain will be re-auctioned one or more times by dropcatch

b) it will end up with a new registrant from Asia (China or Korea)

c) it will be listed for sale @ cosmic price, and, resultingly, will not be sold. As noticed earlier in this thread, it was available for 5K in 2017...

As for UDRP, it is less likely. TM owner or owners are not "frequent wipo/adrforum customers" like lets say LEGO, and they do not care about .net and .org versions already owned by domainers. It is however obvious that a lot of folks (frontrunners) already contacted all "similar domain owners" representing this dropping domain as theirs and available for purchase, and TM owner(s) also received a lot of such solicitations within the last 30 days (redemption period + pendind delete). This fact alone may prompt TM owner(s) to initiate UDRP, especially after they see the price set by dropcatch auction winner.

 

[LarryDomain]

Someone else will have my title.

 

[imadoer]

I would have coughed up a lung for this name. But the tm scared me. I tried to buy this name in the past. I remember the price being pretty high

 

[NetworkPearl]

My friend bought the domain and is already flipping it for a big price.

 

[lambo.com]

My friend bought the domain and is already flipping it for a big price.

He's flipping expensive burgers?

 

[tonyk2000]

Imho it is likely that:

a) the domain will be re-auctioned one or more times by dropcatch

This assumption was wrong. The domain was paid for (high 4 figures I think) earlier today (the last day of 4 days allowed period).

b) it will end up with a new registrant from Asia (China or Korea)

This is true, as per updated whois:
Registrant Country: CN
Admin Country: CN

c) it will be listed for sale @ cosmic price

Not yet known...

 

[domainer111]

It's a completely descriptive term, absolutely do this TV show *not* have the rights to stop others using the phrase in business, except with regard to their extremely narrow class.

Interesting looking in to this seeing the effect of a 600lb gorilla on others.