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TheDomains.com

Ticket-Network.com UDRP Rejected A Week After TicketNetworks.com Lost In UDRP

April 4, 2013 by Michael Berkens

Ticket Software, LLC of South Windsor, Connecticut, just lost a UDRP on the domain name ticket-network.com a week after another UDRP panel ordered the domain name TicketNetworks.com transferred to the same company

Here the domain holder didn’t even respond.

The difference in the TicketNetworks.com case the domain was registered in 2010 well after the Trademark.

Here the domain was registered in 2001 before the trademark

Here are the relevant facts and findings of the one member panel:

“The Complainant operates several websites. The Complainant is the owner of the United States trademark TICKETNETWORK, Registration Number 2956502, filed on April 29, 2003, and registered on May 31, 2005, for, inter alia, computer software (the “Trademark”).

The disputed domain name was registered on December 4, 2001.

How close are the domain names.

Consider that paragraph III of its Complaint, the Complainant mentioned that the disputed domain name is “www.TicketNetworks.com” which of course is from the earlier case.

“As the disputed domain name is almost identical to the Trademark, differing only by a hyphen between “ticket” and “network”, which does not take away similarity between the disputed domain name and the Trademark ”

“The disputed domain name was registered in 2001, whereas the Complainant’s trademark was filed in 2003 and registered in 2005. :

:The Complainant has not addressed this fact. ”

“Nor has the Complainant made a case that the Respondent was aware of the Complainant at the time of registration.”

“In its Complaint, it argues that the Respondent’s typosquatting behavior is in itself evidence of bad faith”

“In the present case, the Complainant has failed to demonstrate to the satisfaction of the Panel that the Respondent was aware of the Complainant at the time of registration of the disputed domain name, and that it has intentionally registered the disputed domain name in order to misdirect customers searching for the Complainant.”

“As the disputed domain name was registered several years prior to the filing date of the Trademark, it was the Complainant’s responsibility to come forth with evidence demonstrating this contention, all the more because “ticket network” may be perceived as a generic term and the disputed domain name does not misspell the Trademark, but merely adds a hyphen. The Panel therefore finds that the Complainant has failed to demonstrate that the disputed domain name was registered in bad faith.”

“Further, the Complainant has not demonstrated that the disputed domain name is being used in bad faith.”

” In the present case, the Panel finds that the Complainant has failed to bring forward evidence justifying the conclusion that the Respondent is using the disputed domain name in bad faith. The mere fact that the disputed domain name is confusingly similar to Trademark is in itself insufficient to find that customers are misled or that the website linked to the disputed domain name is endorsed by the Complainant. ”

It should be noted that the same company won the rights to over 30 typo’s of the trademark back in 2010 in a UDRP:

tticketnetwork.com
ticketnetworkk.com
icketnetwork.com

itcketnetwork.com
ticcketnetwork.com
tickeetnetwork.com
tickenetwork.com
tickentetwork.com
ticketentwork.com
ticketetwork.com
ticketneetwork.com
ticketnetork.com
ticketnetowrk.com
ticketnettwork.com
ticketnetwok.com
ticketnetwokr.com
ticketnetwoork.com
ticketnetwor.com
ticketnetworl.com
ticketnetworrk.com
ticketnetwrk.com
ticketnetwrok.com
ticketnetwwork.com
ticketnework.com
ticketnewtork.com
ticketnnetwork.com
ticketntework.com
ticketntwork.com
tickettnetwork.com
tickketnetwork.com
ticktenetwork.com
ticktnetwork.com
tiicketnetwork.com

 

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. jose says

    April 4, 2013 at 12:38 pm

    so, another good decision from a 1 member panel…

  2. globalventures says

    April 4, 2013 at 1:58 pm

    TickerNetwork, a domain we owned over 9 years which has a completely different meaning, i.t. Ticker not Ticket they are trying to take from our client. We have our response in and we now committee to never working with this company EVER. Ticker and Ticket are two seperate meanings but they are abusing the UDRP case. A post today mentioned there is no penalty for if you are judged reverse domain hijacking so there is NO risk to filing a case. There needs to be a risk/reward as in any case otherwise this wrongful cases will go on. Cohen mentions protecting his livelihood by supporting ICA to address these concerns and REverse domain hijacking needs to be one that at least compensates the domain owner for legal costs associated with its filing. This company is out of control and DONT USE TICKETNETWORK.

  3. Michael Berkens says

    April 4, 2013 at 2:00 pm

    Global

    This is a new UDRP case?

  4. globalventures says

    April 4, 2013 at 2:42 pm

    Yes, its in WIPO now so should have a decision soon.

  5. Michael Berkens says

    April 5, 2013 at 8:59 am

    Well hopefully you have a three member panel

    Best of luck


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