UDRP question - domain in auction

[Rikkers]

A typo of a well known brand is currently in a drop auction.

The TM owner successfully aquired the name after a WIPO decision in 2002, but has since let it drop.

I think that by failing to renew the name they are therefore failing to protect their trademark.

If the name is aquired at auction do you think that they would succeed again if they launched another UDRP case, or would the fact that they let it drop count against them?

(For the purpose of this debate please assume that the new registrant is not "passing off" or otherwise infringing on the TM)

 

[AdoptableDomains]

They've alreay gone to WIPO, so you know they are serious. They already have a WIPO decision in their favor as evidence to insure they would win again. If it's a typo, it's not the exact TM, and probably not necessary to protect the real TM. Also, if you post here even came up in a search, it would likely be a slam dunk case of unfair use since they could show the history was known even before it was registered.

Unless the typo has another very clear generic use, I personally wouldn't even consider it.

 

[Dave_Z]

Two other possible things to consider:

1. How they use the name, especially if they build content around something
totally different from that of the TM holder.

2. Proving their legitimate use or definitely not using it in bad faith should it
reach UDRP again.