Buydomains.com just got hit with another UDRP this time on the descriptive term VisibleDifference.com
The complainant this go around is the worldwide cosmetic brand of Elizabeth Arden which uses the term for a skin care product.
The domain name is parked and pulls up results for anti-aging skin products and other skin cremes.
However I couldn’t find a Trademark in the USPTO for the term registered to Elizabeth Arden. I did find a Trademark on the term that belongs to Eli Lilly for a skin cream. There are also multiple trademarks for the term “The Visible Difference”
A quick Google search turned up results for other companies in the skin care industry using the same term like visibledifferenceskincare.com, visibledifference.us, avisibledifference.net, and visibledifferencebeauty.co.uk none of which are parked pages but what appear to be companies selling services and products in the same field as Elizabeth Arden.
This begs the question of what is worse for a brand owner, a parked page full of ads for skin products or business that are actually in the business of skin care that are using the trademarked term but do not appear to even sell the product.
Also I wonder if there is any defense available based on Elizabeth Arden apparent allowance of all of these other uses in the same industry of the term without objection (if that is the case)
This is the third UDRP on a BuyDomains.com domain name in a week.
FACI.com was lost last week and a UDRP was filed last week on another descriptive term, JoyfulEvents.com
The domain its for sale for $4,588
Is in it less headache to just buy the domain?
In the end they will spend close to that to get it,if they will.
Noticeable Difference
Visible Difference
What is the Difference?
You kind of get the feeling that all these Complainants eventually are going to be Defendants in some kind of Class Action ?
isn’t there some rule if you lose 3 udrp’s you’re labelled as a cybersquatter with wipo?
hope not as seems unfair when you own as many generic domains as buydomains
When you have the amount of inventory they have this is just cost of doing business. They lucked out of UDRP for a long time so it’s just a little wave, nothing of significance.
How the f’ are you supposed to stop these ads?
Only DS anymore allows for strict control of keywords, and even then I’m not so sure it will work.
The only other way is to optimize the domain to something like “rainbows” or “outer space” which is just ridiculous.
These companies like Elizabeth Arden are thieves, IMO. They should be allowed to complain about the ads and domain owners should have the right to rectify the problem before it goes to UDRP.
I can’t wait until a class action against these companies or a RICO suit kicks the NAF and WIPO in the nut sack, or the attorney general from each state exposes them for this complainant skewed con-game known as the UDRP .
“domain owners should have the right to rectify the problem before it goes to UDRP.”
How dare you say something like that on “Hug a UDRP Panelist Day” today !!!
My God – who would feed these poor souls if we horrific, evil cybersquatters were not around
The UDRP system is a complete inconsistent racket, no different than flipping a coin, and no more valuable than a coin.
Its worth at least $50,000 so if you can buy it for sub 5K its a bargain like most names at buydomains.com and domainmarket.com
The UDRP and WIPO systems needs to be legally challenged.
Sure, they make a few “fair” decisions from time to time.
But, I would expect the historical data would show that these systems are flawed, unfair and extremely one sided.
“How the f’ are you supposed to stop these ads?”
@Mars Caravan,
It’s easy – just park the domain with a simple sales landing page & NO ads. Example: PrivateSignature.com
Maybe they are refusing to play ball with the rotd cartel and are being targeted
I agree on the valuation. Many two word dot coms sell for a lot more than single words even. Regarding the trademark, it’s all about use: it displays ads about facial creams. Domain marketplaces such as that of Mike Mann’s are hit with fewer UDRPs ‘per capita’ because there is no ad stream for the most part. Offering a domain for sale is a legitimate business. Displaying ads for products that might compete with a brand, complicates things.
Gr
“”isn’t there some rule if you lose 3 udrp’s you’re labelled as a cybersquatter with wipo?””
That’s is in the new gTLD guidebook and yes if you have 3 losses with 1 in the last 3 years you are labeled a cybersquatter and barred from applying for a new gTLD (director, officer 15% or greater shareholder)
Mike, the ICANN gTLD guidebook includes several other reasons barring someone from applying for a gTLD: http://domaingang.com/domain-news/hacker-or-sexual-predator-icann-wants-to-know-if-you-apply-for-a-gtld/
UPDATE
The UDRP has been terminated and the complainant is now the owner of the domain
Domain name: visibledifference.com
Administrative Contact:
Elizabeth Arden Inc.