Marchex Gets Hit With UDRP From P&G On The Domain Swash.com

Protector & Gamble just filed a UDRP on the domain name Swash.com which is owned by Marchex, Inc. (MCHX).

The domain Swash.com has an original registration date of 2000.

I found a trademark by P&G on the term Swash one dated in 2007 and one dated 2011 but there are 5 other live trademarks in the USPTO for the term Swash many which pre-date P&G’s including by:

Arion International B.V. Limited Liability Company

Brondell, Inc

Harry Major Machine & Tool Company

CAMP SCANDINAVIA AB CORPORATION SWEDEN

The number of company’s that have a Trademark on the term just in the USPTO proves the generic nature of the term.

There are also several entries for the term Swash in Wikipedia.org, here and here

The domain goes to a parked page but a very general one.

Looks like a case of over reaching to me and hope Marchex gets a Reverse Domain Name Hijacking finding.

 

Comments

  1. John Berryhill says

    @Gordo

    “Any idea why its taking so long to resolve?”

    Yes, the panel had a hard time believing that P&G lied about several things in the complaint, and gave them a second chance to explain themselves – which P&G did poorly. So, the panel is stuck with having to figure out what to do when a prominent brand owner attempts to reverse hijack a domain name.

  2. says

    Congrats to J.B and Mchx

    8. Decision
    For the foregoing reasons, the Complaint is denied. The Panel also makes a finding of reverse domain
    name hijacking against the Complainant

    (per domainnamewire PDF)

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