Canyon Bicycles GmbH has filed what appears to be the first UDRP on a new gTLD domain name Canyon.bike
The domain name was registered on February 5th under privacy at Godaddy.com
Although this marks the first new gTLD domain name hit with a UDRP, IBM filed either a UDRP or a URS a few days ago on the domain names IBM.Guru and IBM.Ventures
It appears that as we have chatted about while trademark holders are not playing the sunrise registration game or the domain blocking game in a big way they are on the look out for registrations and will be reactive rather than proactive.
While this is the 3rd new gTLD domain name to be hit with a dispute, it marks only the second party to bring an dispute.
I’m sure more are on their way.
Ryan Jenkins says
I thought there were not plural/singular gtld’s?
.bike could it be?
Ryan Jenkins says
Thanks for the non shout out on the canyon.bikes correction, when the consultants can’t get the GTLD”s right, you better watch out for the poor end users… lol
Konstantinos Zournas says
The company only had to buy a single domain name from all new gTLDs and they didn’t.
Konstantinos Zournas says
Oh, and it’s a UDRP. Only NAF offers URS.
This one is at WIPO.
ontheinterweb says
well its possible they arnt a geeky domainer and they didnt know about it until launch already happened.
its weird how all over the blogs and forums its assumed everyone “should” know about this stuff…. i should know about a lot of things – but i dont. i find out about a bunch of them later even if they’re relevant to my business. yeah yeah people should pay attention but that isnt reality.
Konstantinos Zournas says
.bike was launched officially 1 week before the registration date.
I somehow bet that they tried to register the domain on the 5th but the pre-registration beat them.
I can’t think of any other way…
PS. Thanks about the geeky part! 🙂
ontheinterweb says
hey man im an O.G. (original geek, not gangster) so i dont consider it a bad word. yeah, that mighta been what happened or they may have seen some of the articles about new gTLD in general after that since a lot of articles are using .bike as examples of whats new with .whatever…. buncha possible reasons
– being reactive, not proactive like Michael says
– hoping nobody registers it during “early access” (or not knowing about early access)
– learning about it late
– thinking they have the rights to a generic word
will be neat to watch these cases with the new “separation of the dot” stuff.. Insurance.pro was denied UDRP and while i dont know what a “canyon bike” is, it seems pretty generic on the face of it but dont know the registrants intent or any other details yet.
many more situations to come though of course..fun new interesting dough main world with that whole dot in between words thing..
richard says
I can see this is just the beginning, the established businesses will have a field trip with these new gtlds. Like domain investors don’t have enough to worry about, now we have to worry about a second wave of bullshit newbies regging trademarks.
Acro says
There is also Piaggio.bike (on sale at Sedo), and Specialized.bike (bike brand) along with Cannodale.bike (brand) all are registered by parties unrelated to the respective bike companies.
Domain investors need to view the ‘keyword + gTLD’ as the overall brand that might infringe on some trademark.
Sean Sullivan says
It’s simple, they’re going to go for maximum damages against cyber squatters.
Canyon Bikes might not, but the big boys will. CPG companies are already planning for it, I know this for a fact. It’s going to be just like when Facebook went after all of the people who had the typo and TM infringing domains.
If it continues and they have to file UDRP over and over again, then they’ll go after the registries for allowing this to continue.
The “pay us to prevent this from happening” business model, yeah, that’s not going to go over well in US court.
Be sure to pay close attention to that pending litigation with GoDaddy and the Academy Awards…
I don’t know how anyone expects that massive conglomerates with thousands of attorneys and tens of millions a year budgeted for litigation would accept this emerging paradigm of the new GTLD shakedown.
The domain industry thinks its a little too clever way too often.
Andrew Allemann says
It’s a UDRP. The IBM cases were URS.
I’m not sure they’d win a URS on canyon.bike.
And if they won, they wouldn’t get control of the domain.
Although there are some initial cybersquatting registrations, I expect many of them to be deleted at the one or two year mark. Paying $40 a year when it’s clear the company isn’t going to pay you for the domains is a stiff price.
Sean Sullivan says
Is this really about the renewals? Is that what we should be concerned about? This shouldn’t be happening at all and it’s going to bite every legitimate domain owner and investor.
Acro says
Sean – Agreed. There is a entire subculture of domainers that don’t really care about such consequences; they are the ones that ‘dabble’ in domaining part time or as a hobby to sell domains off eBay etc. Educated domain investors steer clear of such registrations.
ontheinterweb says
yeah but, have precedents even been set yet?
this is all so new.. is the .extension taken into consideration? can anyone reference some cases?
James Wright says
Questions about the enforceability of trademarks in new gTLDs.
http://www.circleid.com/posts/20140211_court_says_gtlds_arent_domain_names_for_cybersquatting_purposes/