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TheDomains.com

Generic DietCenters.com Hit With UDRP

August 13, 2012 by Michael Berkens

The generic domain name DietCenters.com just got hit with a UDRP filing.

The domain name with an original registration date of 1997.

The domain goes to a directory of called the Diet Centers Directory Directory, which has links to some site and some  PPC type of links but is not a traditional parked page.

The complainant is a company named Diet Center Worldwide, Inc. which seems to hold, in addition to others several trademarks on the term “Diet Center” but which does not appear to have a trademark on the plural.

The earliest trademark that the complainant holds in the US goes back to 1987.

It will be interesting to see how the UDRP panel deals with the 15 year delay in bringing the action from the date the domain was registered

Filed Under: UDRP

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. windy city says

    August 13, 2012 at 8:43 am

    …Why not?

    With the dubious integrity of the judge(s) on the panel, it’s an inexpensive lottery ticket to get a name that you want. All you need is a willing player. The anarchy that exists now only fosters more of these claims to be made and generic words can be ignored if enough money is pushed under the table, I would imagine…

  2. dmpartners says

    August 13, 2012 at 10:03 am

    Statue of Limitations ? 15 years sorry this should be thrown out .

  3. Danny Pryor says

    August 13, 2012 at 11:22 am

    It seems to me, based purely on the patterns of late, companies are starting to get the idea a domain name has value. It’s also infuriating they are using the UDRP to steal domains from companies and individuals – this has always happened, but the recent saveme.com case really brought the issue to light – in an effort to circumvent the basic tenets of capitalism, including the first-come, first-served rule on domain names. Yes, cybersquatting is a terrible thing, but “diet center” and “diet centers” are so f***ing generic, it’s almost insane they could get a trademark on the phrase anyway.

    And why didn’t the company, with trademark assignments dating to 1987, spend a few bucks for the domain name? Even if they bought the names when they first were made available, they would have spent, at most, about $2,000 in the aggregate to own the name (I’m top-of-my head estimating here) compared with what they have to pay now.

    Of course, I haven’t read the complaint, so I’m just talking out my tail pipe right now, but I am pretty certain some wiseass at the top of the “Diet Center” food chain (LOL) decided the time had come to join the ranks of companies with quality domains, and why not try to bully the little fellow who beat them to the punch on registering the name.

    Nothing goes together so well as lack of vision and an eventual willingness to use brute force, however it may manifest.

  4. Ron says

    August 13, 2012 at 12:28 pm

    RED FLAG: PROCESS IS BROKEN…

  5. Grim says

    August 13, 2012 at 12:38 pm

    Danny Pryor wrote:

    > It seems to me, based purely on the patterns of late, companies
    > are starting to get the idea a domain name has value.

    Yes, but are they coming up with this idea for themselves, or receiving emails or phone calls from parties who would profit from their ‘enlightenment?’

    There seems to be a thriving business model here, and I wouldn’t doubt that it’s the latter that is the cause of the increase in UDRP filings.

  6. John Berryhill says

    August 13, 2012 at 5:31 pm

    “but “diet center” and “diet centers” are so f***ing generic”

    Okay… what is a “diet center”? Where is the closest one to you, and what is it named?

  7. DomainersChoice.com says

    August 13, 2012 at 11:36 pm

    ” Where is the closest one to you, and what is it named?”

    I don’t know, but I better find out, it is time to loose a few kilos.


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