The fact that the domain name was registered after October 28, 2021 may be a factor against you, but it is not the only one.
The rule:
A UDRP complaint can only be successful if three conditions are cumulatively met:
1. Identity or likelihood of confusion between the prior trademark and the domain name whose transfer is requested
2. No right or legitimate interest of the domain name holder in the domain name
3. Registration and use of the domain name in bad faith.
Case studies:
- Decision D2022-1784 of July 21, 2022:
In the decision D2022-1784 of July 21, 2022, that I quoted above, in the section "Parties' Contentions" and "Complainant" (Meta Platforms), it is indicated :
" Finally, it is argued that the Respondents have registered and are using the disputed domain names in bad faith. The Complainant particularly argues that the Respondents must have been well aware of the Complainants’ META trademark, when registering and using the disputed domain names. " (page 4)
In the same decision D2022-1784 of July 21, 2022, the WIPO panelist (who settles the case by issuing a decision) stated, in the "Registered and Used in Bad Faith" section of his decision:
" At the date of registration of the disputed domain names, the Respondent was apparently well aware of the, at that date already registered and widely used META trademark of the Complaint. " (page 6)
- Decision D2022-2327 of August 12, 2022:
In the decision D2022-2327 of August 12, 2022, the WIPO panelist (who settles the case by issuing a decision) stated, in the "Registered and Used in Bad Faith" section of his decision:
" The Panel finds that the Respondent was aware of the Complainant and its reputation in the META Mark at
the time the Domain Names were registered. " (page 4)
Conclusion:
Decision D2022-1784 is 7 pages long and decision D2022-2327 is 5 pages long, other arguments have been put forward (there has to be the 3 elements I cited above), but it is clear that the date of registration matters.
In both cases cited, all the domain names targeted by Meta Plateforms' UDRP action were registered after its announcement (and the trademark filings) on October 28, 2021.
In both cases cited, among the domain names requested (and obtained) for transfer, the oldest domain name (meta-ico.com) was registered on December 16, 2021. The most recent domain name (presalemeta.space) was registered on January 30, 2022.
Again
@ThomasAnderson throws some real facts in the ring.
Thank you for that!
If a name was registered before october 2021, but went into auction and bought after october 2021, do you think it will be safe?
My opinion is and stays act. the same.
The term metaverse is generally known and used since many years.
meta, or verse, or mv are abbreviations of this term.
If you are into metaverse business, as entrepreneur or just as private person, you are depending on having to found a good metaverse name for you, your start up, your private site etc.
Forbidding to reg, develop or sale meta domains is the same as someone would have forbidden to use the term inter / or net (for your web name) at the beginning of the internet hype.
...just because someone may have called his company like that.
And filed a tm for it.
Not considering, that there would had been other companies with this name already before...
which btw never sued others over using the same term.
Interesting, isn't it...
Metaverse is generally accessible term, so should be its abbreviations.
(No one comes along and regs verse, and files cases to fight other verse names.
How stupid would that sound?
Just because meta sound a little bit more uncommon, it is already brandable?
- Then the first company which was called.meta would be the only right holder for it.)
As we see, that meta inc. isn't sending out any udrp's for normal / or good meta () names,
they are showing that they understand this and have no goal to hunt down meta names.
They have no interest in bad publicity either,
being that giant that does wnat it wants...
Every sue case is very bad business for their new metaverse.
Simply, names that have obviously to do with metaverse buzzwords / or impersonation, are in the cross hair.
...as metaVRsale/com
I really ask myself, what could metas lawyers tell me, if I have bought (or regged) a domain like meta/shopping/com after 28th october?!
None of their business.
Maybe I am a metaverse enthusiast, who thought about founding his very own metaverse website (for a long time).
Is it my fault if I reg my name one month PRIOR or one month AFTER Facebook rebranding?!
No one told me that there will be a time limit.on meta () names.
Why shall facebook be given the right, to be after my website / start up name for that...?!
I am just by luck, and
nothing else, depending on whether I can call my startup meta (something), or not....?!
Develop your name to a landing page / news site, if it is a really good meta name.
But avoid metaverse buzzwords on your name, as meta inc. tries to hold the only eligible right on that field.
Although, there had been other meta companies - dealing with metaverse stuff - before Facebook rebranded itself.
That way you see how rotten and crooked the jurisdical system may be.
But if you let them ride you like a cow right from the beginning, it's clear that they do whatever they want with you
