Domain Empire

Starbucks wins its UDRP.

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Good, relevant read ... in the morning, IMHO!

the decision

" ... domain disputes are distinct from trade mark disputes and the principle of estoppel does not expressly apply to them. So with procedural matters out of the way, the three member panel went on to consider the merits of the case.

The UDRP is made up of three rounds and a Complainant must win all three to succeed. The first - the trade mark round - was straightforward in that the domains were identical to Starbucks-owned trade marks. The second - the legitimate interest round - was also clear-cut after the panel held that neither the word Starbucks nor Frappuccino is a descriptive term used in connection with coffee. As so, the panel decided:

"the use of either term for general commentary about coffee would not constitute fair use of a descriptive term to describe the nature of the content proposed for Respondent's website."

Finally, the Panel considered whether the domain had been registered and used in bad faith. To the panel it seemed:

"more likely than not that Respondent registered and used the domain names in an attempt to profit by selling the domain names to [the] Complainant and that the alleged purpose for registration is an afterthought or pretext."

So Starbucks won on all three rounds and domains were ordered to be transferred, thus ending a lengthy domain dispute; and waiting 6 years for a frapuccino must be a record, even for the Complainants."

Link: http://www.demys.net/news/2003/07/17_starbucks.htm
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
The names in question, btw, are 'starbuckscoffee.com' and 'frappuccino.com'.
 
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I think that starbuckscoffee.com is a given but the second one I think was much more questionable, but overall I think I agree with this decision, but now I realize how stupid it was for me to buy segagames.com lol.
 
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Originally posted by painperdu
The names in question, btw, are 'starbuckscoffee.com' and 'frappuccino.com'.

That is correct, and exactly why I provided the original news link.
 
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Thanks for the link/decision, Viv!
"Based on Respondent's initial demand for a "reward" and the other circumstances discussed above, we find that the domain names were registered and used in bad faith."
"Reward" = :$: = unwise (in this case). :p
 
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Darkfire - I dont think sega will be around long enuff to see a 6 yr dispute judging by the "lack" or popularity of the DreamCast ;) lol

Interesting read tho CoolH. Thanks :)

I think I am safe for Nokia Gaming . Com based on that.
 
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Originally posted by SY4
I think I am safe for Nokia Gaming . Com based on that.

Based on which one or more of the three primary principles, would you say SY4? For conversational purposes. :blink:
 
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Sega games is bad domain for legal purposes.
 
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