FreshLook.com Sold On Snap 2 Weeks Ago for $3,500 Hit With UDRP For 2nd Time

The domain name FreshLook.com just got this with a UDRP filed with the National Arbitration Forum for a second time.

The domain FreshLook.com dropped and was in a auction at Snapnames.com which closed on January 30, 2013 with a high bid of $3,407.

Interestingly this exact domain name was the subject of a UDRP decided in December 2011, by the same complainant Novartis AG. against the domain owner at the time a Jose Maria Valdez.

In the December 2011 decision, the one member panel awarded the domain name to Novartis AG whose offical site for the product is Freshlookcontacts.com

So what happened?

Well we are not sure as the whois records are pretty confusing

It seems by the time the UDRP decision was rendered in December 2011, the domain was already in redemption period at Godaddy.com and never seemed to transferred away from the Jose Maria Valdez, the domain holder who lost the UDRP decsion.

As of January 2012 the domain was owned by PowerBrand Center LLC. showing an expiration date of November 2012 however by the end of 2012 the domain was owned once again by Jose Maria Valdez. and once again was in redemption.

In early 2013 the domain was back in the name of PowerBrand Center LLC still showing an expiration date of November 2012, but no longer in redemption.

On January 28th 2013 the domain registration was deleted and picked up by SnapNames.com and put into the auction which had over 50 backorders.

The domain whois currently lists the parent company of domain name of the registrar, that caught the domain, Endurance International Group as the registrant.

The domain goes to a parked page with results for colored contacts.

The term Fresh Look is trademarked by  Novartis AG, which in the past year won UDRP’s on the domain names: wwwfreshlook.com, FreshLookz.com, and Freshlookcontact.net, Freshlook247.com, BuyFreshLook.com, freshlookcolorblends.net, FreshLookPainting.co, Myfreshlook.com.

Other pending UDRP on variations of Fresh Look include; freshlookme.com, freshlookforever.com, freshlookvision.com

We will let you know how it turns out but it looks like someone just lost $3,500.

 

 

Comments

  1. says

    “Fresh Look” is a generic branding term used by hundreds, or thousands of companies for various uses.

    The term existed far before the contacts did.

    This is a classic example of a corporate bully who thinks they are entitled to a generic term for any use. Their TM protects a specific use, not every potential use.

    The main reason they won a UDRP in the past was because the owner did not respond.

    I think owning this domain is easily defensible in general, however the content on the parked page will be a major problem in this case.

    Brad

  2. says

    Brian

    Luck has nothing to do with it.

    Being an educated domain holder does.

    The domain is generic, but its also a TM

    A TM which has been aggressively defended

    So you have to be aware of what your doing

    If you bid on this domain, (I bid on it as well) you have to be aware of the TM and the TM aggressive defense of the TM even The UDRP history of the domain

    So if you win the auction you need to immediately take control of the domain, make sure especially in this case its not parked and certainly does NOT contain links to the TM holders product

    do something with it, thought it would make a great name for a blog so put a blog up or a site up or something to why you bid on the domain in the 1st place

    If you don’t, its not bad luck, its stupidity

  3. BrianWick says

    I bought Scola.com fro $7K – a broadly used term all over – from Snap years ago – and a few weeks later a UDRP was filed and it was taken from me. I did not do anything on the website that conflicted with the TM – that means I was unlucky

  4. Louise says

    Is this the guy? http://www.facebook.com/pepevaldezcerv7

    Aquí Nadie Se Rinde

    @BrianWick, It is outrageous Verisign and GD decided whether to comply with the UDPR decision, fair or not. It is a classic example of the unfairness of UDPR. No matter what the decision, Verisign and certain large Registrars do whatever – it shows Verisign and GD pull the strings. Glad theDomains reported on this anomaly.

    Good reporting lately, @MHB!!! :D

  5. jose says

    the domain has changed hands from Jerry Fernandez (web1144@gmail.com) to Novartis today, after first changing the DNS 7 days ago to Novartis:

    Administrative Contact:
    Jerry Fernandez
    Jerry Fernandez (email)
    +1.5078501586
    Fax: +1.5078501586
    IPASA Building, 3rd Floor
    Panama City, Bella Vista District 52001
    PA

    Status: Active

    Name Servers:
    dns1.novartis.com
    dns2.novartis.com

    Creation date: 27 Jan 2013 19:44:13
    Expiration date: 27 Jan 2014 19:44:13

    before it was with Jose Maria Valdez:

    Registrant:
    Jose Maria
    Valdez (newtechholdingssa@gmail.com)
    No. 253-National Army A
    Piso 4
    Colonia Anahuac
    Mexico
    Distrito Federal,CP 11320
    MX
    Tel. +52.5541692723

    Status:RENEWAL HOLD

    Creation Date: 12-Nov-1999
    Expiration Date: 12-Nov-2012

    Domain servers in listed order:
    ns1.domainmanager.com
    ns2.domainmanager.com

    today it is with Novartis

    Administrative Contact:
    Domain Admin
    MarkMonitor, Inc.
    391 N. Ancestor Place
    Boise ID 83704
    US
    novartis.domains@markmonitor.com
    +1.2083895740 Fax: +1.2083895799

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