If you watch any television at all over the last many years you have undoubtedly seen ads for Craftmatic beds. The complainant has a trademark for Craftmatic since 1985 and they make beds so this should have been a no-brainier decision in favor of the complainant.
Especially when the domain holder didn’t even respond to the complaint.
However the panel found that:
“”Complainant must first make a prima facie case that Respondent lacks rights and legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), and then the burden shifts to Respondent to show it does have rights or legitimate interests.”
“ In its “bare bones” complaint, Respondent has failed to make a prima facia showing that Respondent does not have rights or legitimate interests in the disputed domain name.”
“Complainant has failed to allege sufficient facts to show either bad faith registration or use under Policy ¶ 4(a)(iii).
“Complainant having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.”
I don’t have access to the actual complaint but it sounds like the attorney who represented Craftmatic ‘s has some explaining to do to their client.
Lets see what the “udrp is biased and a sham” whiners have to say about this one.
*
If there was ever a case for a complainant winning, this would be it.
What is going on with UDRP, anyway?
It’s a crapshoot.
They give away generic domains to big companies and allow squatters to hold TMs?
UDRP REFORM is needed NOW!
*
IMHO, one reform UDRP sorely needs is an appeal mechanism like Nominet’s for domain registrants. Beyond that, it practically gets more…challenging.
IMO, UDRP should change their name to “Unfair Decisions Rarely Prosper”.
Bad karma will come to those who take or keep conflicting domains they don’t deserve. May luck be on your side when operating with domains that you take away from another, or keep that are TM protected.
Avoid acquiring TM domains and protect your generic domain assets.
What makes this case dumb is that CraftmaticBeds dot net is available to hand register; (IMO), this case was a waste of money and time. The second better extension can be purchased for less than $10. The dot co is available too.