A great UDRP Decision For Owners Of Short Domain Names

Discussion in 'Domain Industry News' started by deez007, Jan 4, 2017.

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  1. deez007

    deez007 Active Member VIP

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    Haha I love it when Domainers win UDRP's :)

     
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  2. SBS66

    SBS66 Business Account Business Account

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    Can you imagine some hotel chain suing a beachfront property owner because they would like to put a hotel on the property?
    Thank you for sharing.
     
  3. usernamex

    usernamex UNX got the Marleaudown on the domfam VIP

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    Appreciate this. I have some short ccTLDs I wonder about, like LL ccTLD if it happens to match a 4L com. Would hope it would be considered generic, none of mine are obvious hacks it would be random chance for an exact match.
     
  4. deez007

    deez007 Active Member VIP

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    Nice, I think you are pretty much safe with your LL ccTLD's there really is no way they can prove that the domain is infringing on their TM.
     
  5. usernamex

    usernamex UNX got the Marleaudown on the domfam VIP

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    There is nothing obvious in any I personally own but here is an imaginary example:

    If there was an AY ccTLD and someone owned eb.ay and ebay/com raised a fuss, how would that go? OK as long as eb.ay wasn't used for anything implying auction or infringement, or would they have some grounds to challenge it? If AY is a country code and Ernie Bert is using it for a personal page seems like it would be fine, but what if like in my case they are all just for sale?

    Likely a moot point until a real scenario happens and my overactive imagination, just something I've thought about. : smile :
     
  6. deez007

    deez007 Active Member VIP

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    Lol...I think it should be safe for the most part, just my opinion... :) That's a good example though... The only area of concern would be going up against a company like ebay that has deep deep deep pockets.
     
  7. platey

    platey Established Member

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    thet
    in that scenario ebay would win
    similar to a case with Microsoft in which Microsoft allegedly got the name but compensated origina owner as a good gesture etcl
     
    Last edited: Jan 5, 2017
  8. Nerevar

    Nerevar Active Member VIP

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    I see they did not have a trademark...
     
  9. deez007

    deez007 Active Member VIP

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    I actually wonder about that, I think EB (Ernie Bert) living in .AY could have a strong case and the fact that when you put the left side and right side of the dot together it reads that of a TM brand is no fault of his. If he has a personal blog on the page then theoretically he has every right to the domain...However I guess if there is a loophole to exploit then chances are the Ebay legal team will find it.. Off course it boils down too, the winner in many legal battles is not who was right / innocent but more a case of who had the best lawyer. :)
     
  10. ShenleyAvenue

    ShenleyAvenue Established Member

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    Thanks, good to know!
     
  11. pablohc86

    pablohc86 Active Member VIP

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    Companies are abusing too much of udrp to get free names... It is the time that we domainers should ask a reimbursement when we win as we have to lose time and money to proof that we are in good faith.
    Maybe the ICA could do something...
     
  12. djum

    djum Active Member VIP

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    Not really. The outcome would depend on:
    1. National law of .ay country
    2. How domain was used
    3. What register domain domain stays at, remember if domain owner not happy with UDRP decision can go to his national court and start a case, then if domain is with registrar within a country court can order them to freeze the domain and wait for the court date. Then both sides will compete in the court.
    And the outcome is unknown, ebay.com is big corporation in the world, but EB may be big big brand within the country .ay with registered TM, then little chance that court will support strangers and give them the domain.
     

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