According to a post by Fusible last night, Twitter.com just filed a UDRP on the domain name Twiter.com yesterday (D2011-0986)
Twiter.com was registered on May 7th 2004.
According to current whois Twitter.com was registered on May 24, 2009.
However, Domaintools.com shows the domain being registered back in 2000.
Twitter.com appears to have gotten the domain name in June 2007.
Twitter also filed for a trademark in April 2007.
So Twiter.com was registered three years before Twitter, Inc. got Twitter.com
Twiter.com was not going to a parked page serving up results for social networking results but instead to a CPA program where the visitor gets a take to take a survey in exchange for a “free gift”.
In the last 12 months Twiter.com has gone from a high of 125,000 visitors a month down to around 4,000 visitors a month over the last few months according to Compete, actually I would have thought the typo got more.
Now back to the case.
If I was the owner of the domain 1st I would arguge that my registration date pre-dated Twitter and their trademark.
The 2nd argument I would make would be latches.
This is that legal theory that a couple of UDRP panels have adopted that is a trademark holder can lose its right to object to a usage, if they wait to long.
Its now 2011.
That’s 5 years after Twitter, Inc. got the domain name and the trademark.
Moreover although we have seen a ton of cases on parked domains and fair use. I’m not sure I have ever read a decision were the domain in question was going to a such a CPA program and will be interesting to see how a panel views that.
Hopefully the domain name holder will defend rather than just default and ask for a three member panel.