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Domainer retains Digel.com (UDRP complaint denied)

Labeled as legal in Domain Industry News started by archers, Aug 25, 2018.

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3
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769

  1. archers

    archers Established Member

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    Landmark UDRP decisions for domainers that can be referred in any UDRP response. Very well defended by @cyberlawyer.

    "The disputed domain name was registered on July 11, 2006. It resolves to a website offering it for sale. Between March and April 2018 negotiations for the purchase of the disputed domain name took place between an Internet service provider, which was acting on behalf of an unnamed party (this being the Complainant) and a registrar acting on behalf of the Respondent. The Respondent sought USD 29,000 for the disputed domain name. However, the most the Complainant was willing to pay was USD 12,000 and, accordingly, the parties did not reach agreement. "

    "The Panel accordingly finds that there is no basis for finding that the Respondent knew, or could reasonably have been expected to know, of the Complainant or its rights in DIGEL as at the date of its registration of the disputed domain name in 2006. The Respondent’s assertion that it registered the disputed domain name because it might be of interest to multiple parties is credible. Having regard to the general approach of previous UDRP panels to this issue, as outlined above, its registration and offer for sale of the disputed domain name is considered to comprise a bona fide offer of goods and services."

    "If the Respondent was unaware of the Complainant and its DIGEL trade mark as at the date of registration of the disputed domain name, as the Panel has found, it follows that the Respondent cannot have registered or acquired the disputed domain name for the purpose of selling or transferring it to the Complainant or a competitor of it. For that reason, the fact that the Respondent was plainly seeking in negotiations a sum in excess of its out-of-pocket costs directly related to the domain name does not assist the Complainant."

    Complete decision posted at https://www.namepros.com/threads/digel-com-complaint-denied-domainer-rights-upheld.1095888/

    Also reported at: https://domaingang.com/domain-law/indian-domainer-wins-udrp-filed-against-the-domain-digel-com/
     
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  2. TERADOMAIN

    TERADOMAIN Upgraded Member Gold Account VIP

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    Thanks for sharing.

    Very good info to learn from.

    Thanks
     
  3. myfavorite

    myfavorite Established Member

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    Thanks for the info.

    Some people seems bent on abusing URPD
     
    Last edited: Aug 26, 2018
  4. BaileyUK

    BaileyUK Established Member

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    Thanks, always nice to have a recent well-worded case for reference purposes, should the need arise
     

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