It’s becoming very frustrating for domainers to know what the status of the law is regarding UDRP’s, as decisions are all over the place an seem to have little consistency.
In a decision released today, Porsche the car maker, filed a UDRP on the domains porscheexperience.com and porscheguides.com.
The owner of the domain according to the facts, offered to sell the domains to Porsche for 5,000 euro’s. or around $7,500 at today’s exchange rates.
Despite offering to sell the domains to the trademark holder, the Sole Panelist found no bad faith existed on the domain holders part, saying:
“””The Respondents …. did not register (the domains) primarily for the purpose of sale, even though the Respondents subsequently offered to sell them for a substantial price to the Complainant.”””
The panelist went on to say:
“””Although the Complainant’s mark has a very high reputation, it does not follow that any use of it in a domain name would be in bad faith for the purpose of the Policy.””
One of the domains, porscheexperience.com was used by the domain holder to promote a e-book on Porsche Cars, at some point, but when the complaint was filed neither domain was resolving or being used by the domain holder in any manner.
It was at this point Porsche demanded the domains be transferred to it at which point the domain holder told Porsche to buy it from him.
So domainers, I share your frustration with UDRP’s.
I have seen cases where non use has been held to be bad faith.
I have seen a ton of cases where once the domain holder offers to sell the domain to the trademark holder for anything more than registration costs, the domain holder loses.
Here the domain holder wins.
Here’ the frosting on the cake, the domain holder didn’t even respond to the complaint.
About 10 days ago, in response to post about another UDRP decision, I had many domainers tell me, if you don’t respond to a UDRP, your’e going to lose.
So I’m totally confused on how any UDRP will be decided.
The lack on reliance on any one case to the next and total inconsistency in rulings, leaves us all vulnerable to UDRP’s which seems to now be giving everyone a “gamblers chance” for a win or loss.