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UDRP Kathy Byrd domains: Realtor’s personal brand won back via the UDRP process

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Realtors take note: Your personal brand requires a domain name that should include your own name. In the case of Kathy Byrd, a realtor with the state of Alabama, her full name was registered by someone in her home state in the form of 3 domains: KathyByrd.com, KathyByrd.net, and KathyByrdRealty.com.
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Realtors take note: Your personal brand requires a domain name that should include your own name. In the case of Kathy Byrd, a realtor with the state of Alabama, her full name was registered by someone in her home state in the form of 3 domains: KathyByrd.com, KathyByrd.net, and KathyByrdRealty.com.
Read more.
Interesting article.

I spent time reading the bad faith portion of the decision. It seems having the domain with "realty" attached was a factor in making the decision.

There was also discussion about "bad faith" in relation to just having the domains registered but not using them for anything. That seems weak.

Kathy Byrd is a common name, many people share that name. It also seems there may be multiple different people named Kathy Byrd that are also realtors. Her saying it's her trademark is a stretch and I think the decision agreeing with that is wrong.

The person that registered the domains didn't respond. That was a mistake. I think Kathy Byrd got lucky.
 
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Unrelated to this particular case, but this always comes to my mind when I read anything related to "Realtor" and UDRP: Genericide.

To most people, "Realtor" means any real estate agent.

Same with Velcro for hook-and-loop fastener, Kleenex for facial tissue, Band-Aid for adhesive bandage, Q-tip for cotton swab, Chapstick for lip balm stick, Tupperware for food storage container, Popsicle for ice pop, Jet Ski for motorized personal watercraft, Frisbee for plastic flying disc, Jacuzzi for hot tub, Bubble Wrap, Styrofoam, Crock-Pot, Post-it, Taser, etc.

Alas, those are still legally protected trademarks.

Apparently, the following were also trademarks in the past: Aspirin, Escalator, Thermos, Cellophane, Zipper, Trampoline, and Dumpster.
 
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