Tucows Owned Marker.com Becomes Lastest Generic To Be Hit With A UDRP
A UDRP has just been filed against the domain name Marker.com by Marker Völkl (International) GmbH.
The owner of the domain name is Tucows.com who is using the domain name in its Hover service, and is advertised as:
“Welcome to marker.com
This domain is available for a personalized email address.
This domain is part of an exclusive collection of “shared” personal names that allows multiple users to have simple, memorable email addresses, such as firstname.lastname@example.org, all sharing the same domain name.”
Of course the term Marker is a dictionary word and has many other meanings.
However the term Marker is subject to a Benelux trademark.
The offical site of the complainant is voelkl.com which is the brand name of a ski, snowboard company.
From their site:
“Whether skis, snowboards or sportswear – everything with the Völkl brand is the result of tireless research and development efforts. Völkl embodies quality products & German Precision. This label isn’t lip service as far as we’re concerned, but a tried and tested reality. As the only manufacturer still developing and making skis in Germany, we regard “”Made in Germany”" as a commitment to quality workmanship and as a promise of quality to you, our customers.
The driving force behind our innovations is competition; in both World Cup alpine skiing as well as professional freeskiing and snowboarding – we are steadily forging ahead with new developments. But snow professionals aren’t the only beneficiaries of our technological edge–you can feel it too as you glide down the slopes, whether you’re hard-carving your turns or taking each curve leisurely and in stride. Völkl skis optimise your performance to maximise your fun on the snow. ”
I have no idea of why this company thinks they are entitled to a generic word that is not even its brand.
The domain is clearly being used for non-infringing purposes, and we hope Tucows asks for and get a finding of Reverse Domain Name Hijacking (RDNH).