A few UDRP decisions are out today worth noting.
Enterprise Rental Cars won a UDRP and the rights to the domain name Enterprise.tv
The domain name was registered in 2011, the domain was parked and the domain holder did not respond to the UDRP.
“The panel noted that the domain Enterprise.tv went to a pay-per-click website that hosts hyperlinks to websites of Complainant’s competitors in the car rental industry, to other third parties, as well as hyperlinks to the website of Complainant’s affiliate, Enterprise Rent-A-Car. These hyperlinks include companies such as Budget Car Rental and Hertz Car Rental.”
Obviously had the domain name been used for some other purpose or just had links to business related topics like startups, corporations and enterprises, its highly unlikely that the domain would have been lost in a UDRP.
Philip Morris won the rights to the domain name Marlborosucksballs.com in a UDRP.
The domain was registered in March 2013 and went to a parked page.
“sucks” domains have survived UDRP challenges when they are going to sites with relevant content which typically fall within free speech limitations but putting it to a parked page is going to be a loser 99% of the time.
We should not that there are application for the new gTLD .sucks however there is not one for .sucksballs
State Farm won a UDRP on the domain name StateFarmCenter.com, Disney won a UDRP on the domain name DisneyApps.com; Lego won a UDRP on the domain name legoolympics.com although the International Olympic Committee would have won rights to the domain if it filed the UDRP rather than Lego.
Gary Saposnik says
For STATEFARMCENTER.COM, it’s amazing that a company so active in UDRPs would not have exercised simple trademark protection and registered the domain name as part of its naming rights agreement. The domain name was not registered by the Respondent until the same day as the press release for State Farm Center.
Michael Berkens says
Gary
We have written about Brands failing to even trying to catch bang on domain names on the drop
See here
http://www.thedomains.com/2013/08/25/brand-protection-fails-this-weeks-trademark-infringing-domains-that-brands-let-drop-get-registered-by-others/
http://www.thedomains.com/2013/08/17/brand-protection-fail-this-weeks-tm-domains-brands-let-drop-ncaa-espn-google-ap-more/