The domain name HomeDecoratorSale.com was lost in a one member UDRP panel.
The complainant won the case based on its two trademark one the term Dome Decorators and one on the term HOME DECORATORS COLLECTION.
The domain name was forwarded to a site “that hosts an online retail store that sells home décor, furnishings, and accessories.”
The panel found that the domain holders use “of the confusingly similar disputed domain name (was) to directly compete with Complainant”.
The panel went on to agree with the complainant’s statement that “in light of the fame and notoriety of Complainant’s HOME DECORATORS and HOME DECORATORS COLLECTION marks, it is inconceivable that Respondent could have registered the <homedecoratorsale.com> domain name without actual and/or constructive knowledge of Complainant’s rights in the mark.
Hum
Home Decorator is a term we only have heard about or know about because of the trademark of HOME DECORATORS COLLECTION?
I don’t think so
Getting a trademark on the plural of what otherwise is a generic term now also gives that trademark holder the rights to the singular generic term as well?
If so what are all these suggested alternative terms doing under Google when I search for Home Decorator?
nice and easy to prove over and over how incompetent and random, and overpriced the udrp process is, and those people running the show ostensibly
The complainant is Home Depot
… And there doesn’t seem to be any relief in sight. This decision is truly a sick one and a red flag for all domainers…
Home Depot should be ashamed of itself…
Who owned the domain name? and why do we call one person a panel?…
whoever the panel was is sure to pick up more business – isnt that hat udrp is all about – employing panalists ?
ya ever see those rickety shelves at home depot that look like they’re gonna collapse. evidently they do and have killed over a hundred people in the last few years. and home depot refuses to pay unless the family signs a consent agreement not to publicly discuss the matter.
This appears to be getting out of hand. Looks like I need to join the ICA, but who else can we appeal to to get this situation addressed? And how do they decide whether it goes to a one-person or three-person panel?
These decisions don’t make sense because it’s not like the person was squatting on a typo of Home Depot.
I read somewhere that UDRP transfer decisions are not final and the owner has 10 days to notify ICANN that they want it to go to trial. Is this accurate? I’m guessing most cases never make it that far, but this just seems ridiculous.
Do we need a domain lobby?
Domain
All decisions go to a one member panel unless the domain holder elects to have a three member panel at their cost win or lose
I’ll have to read more about this. How much does a three-person panel cost?
I looked it up. Not sure how recent the information was that I found (I’m out running errands and not in front of my computer), but it looks like a 1-person panel is $1500, and a 3-person panel is $4500. Just posting for the people who didn’t already know that.
If you as the domain holder want a three member panel it will cost you an extra $1,500
As egregious as this decision seems, the Respondent did not even “respond”, let alone offer a defense or even a rebuttal of the Complaint’s arguments. Had he actually done so, this very easily might have gone the other way. Some Panelists will actually take the time to think these through and still rule in favor of the Respondent, yet it seems that the majority of them take the Complainant’s assertions at face value when no rebuttal is offered.
Lesson learned : ALWAYS RESPOND. Worst case scenario is you lose anyway, but with no response that’s far more likely.
Seeing as the Registration date of this domain isn’t even 6 months prior to the filing of this UDRP, one has to wonder if there were actually more damaging assertions/evidence presented by the Complainant that we don’t see in the decision. Those decisions publish just an outline of what the filing actually says.
“The complainant is Home Depot”.
That’s why I prefer Lowe’s.
…I musta missed who the respondent is or was it mentioned? If not why not?…
You can see the domain holder and the full opinion here:
http://www.udrpsearch.com/naf/1452508
The domain is not worth reg fee so why bother responding?
“The domain is not worth reg fee so why bother responding?”
…uhhh, because Home Depot is a BULLY and a THIEF?…
This WILL NOT go unnoticed…always easier to side with the bully than the bullied, isn’t it? That has to stop. Think I’ll utter a few syllables about this poppycock…