John Berryhill Wins UDRP… Representing Complainant

[MapleDots]

So here is an interesting case where namepros member @jberryhill is representing the complainant insead of the registrant.

Quoted from Article by Elliot Silver
It’s interesting to see a domain industry attorney known for defending domain registrants on the other side of the table.

https://domaininvesting.com/john-berryhill-wins-udrp-representing-complainant/

Some people like the one above obviously think John Berryhill should only be representing registrants.

What do you think?

UDRP case:
http://www.adrforum.com/domaindecisions/1821916.htm

 

[MapleDots]

Personally I think John should do what is best for him and his practice but obviously there are going to be some strong opinions here.

It is very interesting however to see Mr Berryhill on the FILING side of a UDRP.

 

[ecomslice]

once you see your friend throwing stones with your enemy, you should probably think twice if he has your back with that fake smile and a cheers of beer at the pub.

 

[Kate]

Nothing new here.
And he has a consistent record of winning. So I'd say he simply picked the right side

And all of this doesn't help:

Respondent is a habitual cybersquatter who has been involved in hundreds of UDRP proceedings resulting in Respondent’s transfer of domain names.

Respondent failed to submit a response in this proceeding.
...
In view of Respondent's failure to submit a response, the Panel shall decide this administrative proceeding on the basis of Complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the Rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the Rules.
...
(“In the absence of a response, it is appropriate to accept as true all allegations of the Complaint.”).

Further, Complainant claims that prior to the current use, Respondent used the <chefmaster.com> domain name to commercially benefit from competing pay-per-click links. Using a domain name to offer links to services in direct competition with a complainant generally does not amount to any bona fide offering of goods or services or a legitimate noncommercial or fair use.

Complainant contends that Respondent is a habitual cybersquatter who has been involved in hundreds of UDRP proceedings resulting in Respondent’s transfer of domain names. A complainant may use prior adverse UDRP decisions against a respondent in the current proceeding to evidence bad faith under Policy ...

I find it puzzling that some domain owners don't even bother to challenge the UDRPs. By not replying you lose by default most of the time.

The other lesson here (I have said it a couple times): maintain a clean record as a domainer. Don't get involved in UDRPs if you can avoid them, and if you do - win them. Otherwise your history will be used against you. Which is what happened here.

 

[enlytend]

He's an intellectual property lawyer (specializing in domains), this was an intellectual property dispute over a domain.

It's not a matter of "sides" or "enemies" - don't deliberately squat on other companies' trademarks and you may never be the target of a UDRP. And if you're the target of a bad faith attempt by a company to hijack your domain, as Kate pointed out, you'll have a clean record in your favor.

 

[Internet.Domains]

Wow!

 

[Furquan]

He sent a clear message to those cyber squatter clowned in "domainer" that he is not going to fight for them. It's a clear case of "cybersquatting" & everyone who believes in domaining & wants the domaining cleaned from this type crook should do what he has done.

Congrats @jberryhill for winning this case.

 

[john888]

Chefmaster.com.

The domain was registered in 1998, while the trademark registration dates back in 1956

20 years is a long time to claim a trademark domain name.

 

[offthehandle]

Chefmaster should have been a no brainer UDRP, this is a well known retail brand name and trademarked. The company is now using a .LA extension.

They are owned since 80’s by a company founded in 1902. Lots of other extensions appear squatting on their name, hope they all get taken away too by a URS. Chefmaster also has the .org.

This is a good example of why domainers get labeled as squatters. Glad that this happened.

http://www.bkcompany.com/about-us/our-story/