Apple was awarded the domain name, iTunes.net and i-tune.com and today in a UDRP decision.
The domain was owned under privacy and going to a parked page.
Last week Apple gained control of the domain iPad3.com after it filed a UDRP and the domain holder relinquished control of the domain.
In other UDRP decision, a one member panel rejected the claim of a ‘Steven L. Vensand, contends that he paid Respondent, HelpfulHal.com, to act as the intermediary between Complainant and the registrar, by registering the domain name, newportbeachoptometry.com domain name and developing the resolving website.’
‘Complainant now would like the domain name registered in his name in order to continue doing business on the website. Complainant alleges that Complainant himself presently uses the disputed domain name in good faith.’
The panel found that the UDRP is not the proper mechanism to resolve what appears to be contractual disagreements between parties:
“The Panel finds that this is a business and/or contractual dispute between two companies that falls outside the scope of the UDRP. Complainant’s Complaint should be dismissed without prejudice”
newportbeachoptometry.com
Yes, trademark names can be taken from you very easily.
But not only that. If you hold a portfolio of domains, and a TM
holder takes a name from you (via UDRP), for infringement, then
your position re: your OTHER names will also be weakened as a
result.
No UDRP verdict can, or will be, an isolated result…
The panel found that the UDRP is not the proper mechanism to resolve what appears to be contractual disagreements between parties:
“The Panel finds that this is a business and/or contractual dispute between two companies that falls outside the scope of the UDRP. Complainant’s Complaint should be dismissed without prejudice”
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Glad to hear this! I’ve always wondered what could happen in this situation. I don’t think UDRP panels should be involved in anything further than trademark disputes. That’s what they are there for.
They shouldn’t be going down the ICANN road of sticking their fingers in too many pies!
too easy 🙂