legal Cybersquatting lawsuit filed over domain name registered 16 years before plaintiff’s use

[News]

New York company Office Space Solutions, Inc. has filed a cybersquatting lawsuit (pdf) against Jason Kneen of Great Britain over the domain name WorkBetter.com.

Office Space Solutions filed an intent-to-use trademark application for Work Better with the U.S. Patent and Trademark Office in 2014. It began using the mark in commerce in February 2015.

Jason Kneen registered WorkBetter.com as early as 1999. Domain Tools’ historical records for this domain only go back to 2001, when Kneen is shown as the registrant.

How does it plan to show that Kneen registered the domain in bad faith? The case mentions several times that the domain name was renewed on February 7, 2015. It seems that Office Space Solutions is making the argument that the domain name was renewed in bad faith.

The lawsuit states that Kneen offered the domain name for sale to the plaintiff. As in many cases like this, the suit neglects to mention that the plaintiff reached out to the defendant to try to buy the domain name, not the other way around. Harsh Mehta reached out to Kneen on LinkedIn to try to buy the domain name.

Source

 

[The New Guy]

There recently was an idiotic UDRP decision saying the same thing - even though the domain was registered long before the TM, the fact that it was renewed AFTER the TM means it was renewed in bad faith.

Looks like someone took that as a opening to launch this UDRP.

I'd like to see the UDRP process require deposits from filers, and if they are found to have engaged in reverse domain name hijacking, the respondent receives the deposit to cover legal fees.

 

[RJ]

Basically the owner of the .US domain is trying to use legal means to get ahold of the .COM. We need to keep an eye on this case. It's not just a UDRP, but a federal cybersquatting lawsuit. If it goes against the holder of the .COM, it could mean big trouble for domainers.

Like New Guy said, there's a push among some udrp panelists to disregard registration date and look at the use of the domain during it's last renewal which means a company could claim you're acting in bad faith if you renew a domain that is parked or listed for-sale. This article does a good job of explaining
http://www.domainarts.com/2013/11/0...dard-in-udrp-puts-investment-domains-at-risk/

 

[aditya agrawal]

New York company Office Space Solutions, Inc. has filed a cybersquatting lawsuit (pdf) against Jason Kneen of Great Britain over the domain name WorkBetter.com.

Office Space Solutions filed an intent-to-use trademark application for Work Better with the U.S. Patent and Trademark Office in 2014. It began using the mark in commerce in February 2015.

Jason Kneen registered WorkBetter.com as early as 1999. Domain Tools’ historical records for this domain only go back to 2001, when Kneen is shown as the registrant.

How does it plan to show that Kneen registered the domain in bad faith? The case mentions several times that the domain name was renewed on February 7, 2015. It seems that Office Space Solutions is making the argument that the domain name was renewed in bad faith.

The lawsuit states that Kneen offered the domain name for sale to the plaintiff. As in many cases like this, the suit neglects to mention that the plaintiff reached out to the defendant to try to buy the domain name, not the other way around. Harsh Mehta reached out to Kneen on LinkedIn to try to buy the domain name.

Source

@RJ Hahahaha... If Plaintiff wins this, it would be the stupidest decision ever. Or I would say that companies spending 50ks, 100ks or millions are fools to spend that. They can just file an intent-to-use trademark application for the words and own the domain next year.

 

[Paully]

This can't be allowed to be successful. It would set too dangerous a precedent.

 

[Paully]

Logic and good sense prevails.....

http://domainnamewire.com/2015/07/15/judge-you-were-trying-to-set-him-up-in-cybersquatting-case/