UDRP Panel Refuses To Hand Over Newmd.com to Owner of TM For NueMd

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A one member UDRP panel just rejected the claim of the trademark holder of NeuMd seeking to take away the domain name NewMd.com”

“Complainant filed for registration of its NUEMD mark with the United States Patent and Trademark Office on August 16, 2000.”

” The registration was accepted on January 29, 2002 and was effective as of August 16, 2000. ”

“The Complainant has used its mark in connection with marketing healthcare management software.  Moreover, Complainant owns <nuesoft.com> and <nuemd.com> domain names.  Respondent registered the disputed <newmd.com> domain name on May 16, 2000.  Respondent is not known by the disputed domain name and has not used it.  When contacted by Complainant with an offer to purchase the disputed domain for $100, Respondent declined the offer and expressed an intention to offer it at auction.”

“Because the panel finds that Complainant has failed to prove that Respondent registered and used the disputed domain name in bad faith, the panel does not address this element of Complainant’s complaint.”

“Because the panel finds that Complainant has failed to prove that Respondent registered and used the disputed domain name in bad faith, the panel does not address this element of Complainant’s complaint.”

“Respondent registered the disputed domain name on May 16, 2000, prior to Complainant’s trademark registration which was effective August 16, 2000 and Complainant has not contended or established that it had acquired common law rights in the mark NEUMD before May 16, 2000.”

“As far as the record shows, Respondent registered the disputed domain name before Complainant acquired rights in its mark. ”

“In these circumstances, for bad faith registration to be established, the trademark registration must precede the domain name registration; and that requirement was not met here.  ”

 

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

Comments

  2. Jeff Schneider says

    Hello MHB,

    The Tide is turning on reverse Hi-jacking mainly because there are many Big Money Players entering the .COM vein as Buyers. This is fast becoming a more prevalent trend and should continue. Thanks for covering and educating our community on these outcomes. Kudos !

    Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)

  4. domainer says

    “Goto — RomneyRyan .com Id like to hear your take on this!”

    I respect the right of free speech. Also being a business opportunist.
    I’m not discussing this from a political or legal position. Rather from an ethical position.

    Eventually the media world will make a big deal about a domainer squatting on the domain and wanting to sell it for big bucks.

    Do we really need more bad publicity?
    U.S. Congress already thinks we are cock roaches. Do we need to give them more ammunication to restrict our right to own generic domains in the future?

  5. Kevin M. says

    “”U.S. Congress already thinks we are cock roaches””

    Now that’s ‘the pot calling the kettle black’!! Too bad ‘no one’ thinks that highly of them!!

  6. domainer says

    ” Now that’s ‘the pot calling the kettle black’!! Too bad ‘no one’ thinks that highly of them!! ”

    They have the power and we don’t.

  7. Michael H. Berkens says

    Back

    I looked at that domain on Saturday when Romney named his VP & it looked as though the campaign bought it had the candidates pics and some bio info.

    I personally don’t have a problem with this type of registration since it was done years before anyone knew who would be nominated much less who the running mate would be.

    Putting up what’s on the page is fair game and if it causes the campaign to buy it more power to the domain holder.

    Obviously Romney had enough money to register 1,000 domains back when started running in 2007

    http://en.wikipedia.org/wiki/Mitt_Romney_presidential_campaign,_2008

    This domain wasn’t registered until 2010.

    Good for the domain owner Romney screwed up or didn’t care.

  8. Back in the real world says

    Mhb

    Thanks for the response. I thought it was a bit cheeky but a good way to coerce the campaign to buy. It’s already getting some good, or from Romneys pov bad, publicity.

    Domainer –

    I see your pov and think it’s very valid.