UDRP CBNT.com UDRP decision is bad, but domain owner should take some of the blame

[deez007]

FYI
A must read for domainers who own abreviated domain names 3L/4L/5/etc and have them parked.

Bank wins domain name that showed ads for banks.

A single-member World Intellectual Property Organization panel has ordered the domain name CBNT.com be transferred to California Bank & Trust in a cybersquatting dispute.

I disagree with the decision but I also place some blame on the domain name owner.

The bank relied on a trademark for CB&T and the panelist agreed that the domain is confusingly similar to CB&T because “n” is sometimes used to represent “and”.

For its part, domain name owner ABC Productions says it owns 1,850 four-letter domain names as an investment.

Full article here:
http://domainnamewire.com/2017/06/29/cbnt-com-udrp-decision-bad-domain-owner-take-blame/

 

[DNWon]

Just finished reading this WIPO decision myself. The domain never would have been transferred if the domain owner didn't have bank links on the landing page. It's just that easy to prove bad faith if you show any links having to do with the trademark owners line of business. You would think acronym's would be safe as they can mean many things, but the sole panelist felt the domain owner was trying to draw customers to the domain and it's hosted banking links in order to profit from customer's confusion, thus warranting the bad faith finding. Can't say I disagree with the finding, if only he didn't have bank links on the landing page. Tough break for the domain owner who owned the domain 17 years I believe, before losing it in this UDRP!

 

[deez007]

Just finished reading this WIPO decision myself. The domain never would have been transferred if the domain owner didn't have bank links on the landing page. It's just that easy to prove bad faith if you show any links having to do with the trademark owners line of business. You would think acronym's would be safe as they can mean many things, but the sole panelist felt the domain owner was trying to draw customers to the domain and it's hosted banking links in order to profit from customer's confusion, thus warranting the bad faith finding. Can't say I disagree with the finding, if only he didn't have bank links on the landing page. Tough break for the domain owner who owned the domain 17 years I believe, before losing it in this UDRP!

Yeah dude... definitley a tough break for the domainer.. I mean sure he didn't have control of the adverts because it was parked...but man, what a cr@ppy way to lose a domain. Worst part is that I doubt the parking revenue he earned from the particular domain in the past 17 years combined would have come close to what he could have sold the domain for...lol

 

[Wannabean]

CBNT = CB&T

Maybe in the urban dictionary...

Clumsy parking made it all possible though.

 

[Kuffy]

Another reason not to use a parking service.

I'm having problems because a parking service put porn links on a domain, and it's blocked on a lot of public wifi services.

 

[tonyk2000]

Another proof that any domainer in respondents position must always "order" 3-members panel. This should be considered as a routine business expense regardless of domain value. More udrps lost means that it would be harder to defend in other future cases (if any), as the complainants lawyers would not miss an opportunity to say that the responded is a known squatter...

 

[abcproductions]

CBNT.com was returned to me earlier this week. Thank you to the bank executives and their lawyer who kindly and expeditiously made this happen after I sent them a copy of the complaint I prepared to file in federal court. I want to be clear, I have legitimate use rights to every one of the 6500+ domains I own and I will file a complaint in federal court when necessary to protect my property and property rights against any party who files a UDRP complaint against me.

It’s important for domainers to know that although registrars have agreed to abide by UDRP rules, which includes implementing WIPO decisions, these decisions are merely the views and recommendations from panelists who often get it wrong. WIPO decisions are not binding in a court of law so don’t get on your high horse if you win and don’t give up if you lose.

 

[Kassey Lee]

from the particular domain in the past 17 years

Was the domain name registered before the TM?

 

[deez007]

Was the domain name registered before the TM?

Hmm not too sure... I didn't see it mentioned in the article at all.

 

[Kassey Lee]

CBNT.com was returned to me earlier this week.

Congratulation! Can you tell us whether the domain name was registered before their TM?

 

[Kate]

Many domains are lost just because of the sponsored links (parking). Indeed many domains should never parked in the first place. It's true that the domain owner has limited control over the ads shown but nobody forces you to park domains.

 

[jberryhill]

Congratulation! Can you tell us whether the domain name was registered before their TM?

The Complainant in the WIPO proceeding did not have a federally registered trademark for the term at issue. In point of fact, another bank entirely has a registered mark for "CB&T".

However, if you conduct a search for these three letters in connection with banking, there are numerous banks which use these letters. It is not a distinctive mark for banking services.

 

[domeen]

I would like to see your documents that where ready to be sent to court ?
Just to educate myself. Too big dream?