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.