CitizenHawk just lost a UDRP on 3 domain names which are all a typo’s of one of its clients Advance Auto Parts.
The panel clearly indicated that CitizenHawk screwed the case up submitting WHOIS papers which indicated a creation date for the domain name in 1969.
Yes 1969, the year of the Miracle Mets and the year man first walked on the Moon.
Since CitizenHawk claimed the domains were registered in 1969, and 1969 was prior to the date on which Advance Auto Parts trademark which was granted (1994), the Panel denied the UDRP.
Even worse the Panel ordered that the parties submit any arguments and documentary evidence which they wished to rely on with respect to the dates when the disputed domains were registered”, and CitizenHawk filed to follow the order and did not submit such evidence.
The domain holder didn’t even respond to the UDRP
The domain names at issue in the UDRP were:
advanceautosparts.com
advancwautoparts.com
advavceautoparts.com
“”Complainant owns multiple USPTO registrations for the ADVANCE AUTO PARTS mark (e.g., Reg. No. 1,815,267, filed Apr. 12, 1993 and registered Jan. 4, 1994).
“Complainant, through its representative Citizenhawk, Inc., alleges that the disputed domains were registered no earlier than Mar. 16, 2007, however, the WHOIS papers submitted by Complainant indicate creation and expiration dates of Dec. 31, 1969 for each of these domains (which appear factually impossible).”
“By Interlocutory Order, the parties were requested to submit any arguments and documentary evidence which they wished to rely on with respect to the dates when the disputed domains were registered.
“Complainant provided no response to the Order and no evidence to support its bare assertion that the domains were registered on Mar. 16, 2007.
“Thus, Complainant has failed to prove that it has rights predating the registration dates of the disputed domains.
“Miracle Mets” – how about the Colorado Rockies – Good God they have a decent chance of almost being a .500 baseball team this year
I am sure this has been asked before but
1. Once a complainant loses a UDRP on a name can they ever refile a UDRP on the same name.
2. Since they lost the UDRP on the name can the registrant now do as he wishes with the domain. Can this registrant now sell auto parts on this name?
3. If registration changes, name sold etc……can complainant file another UDRP since registrant is now different.
This is the problem with trying to deal with typo domainers through a complicated legal process.
It may be worth it for some brands, but at least for brands that have affiliate programs it’s much simpler to simply monitor those typo domains and cut off the affiliates immediately from their stolen commissions – instead of paying another company those commissions for months and months only to then lose a UDRP ruling from any one of the numerous mistakes that can happen along the way.