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TheDomains.com

Guy Registers TM Infringing Domain At The Same Registrar The Domain Infringes On

May 14, 2013 by Michael Berkens

Demand Media, Inc. (DMD)  just won a UDRP on the domain name TheBulkRegister.com against The Bulk Register of Ontario, Canada and we have our first nominee for our 2013 “Not the Sharpest Tool In the Shed Award.”

Demand Media, Inc. owns the domain name registrars  Enom and BulkRegister.com.

Its a pretty easy win for Demand as it has a trademark for the term BULKREGISTER  based on its registration of the mark with the United States Patent and Trademark Office (“USPTO”) registered May 27, 2003, the Respondent’s failure to submit a response and the fact that the domain holder used BulkRegister.com to register the domain name TheBulkregister.com thereby negating much of any chance to plead lack of knowledge of the trademark holder.

The domain name was registered in July 2011.

“‘Respondent must have had actual knowledge of Complainant’s BULKREGISTER mark at the time Respondent registered the domain name because Respondent remarkably used Complainant’s BULKREGISTER registrar service to register the at-issue domain name.”

“Registering a domain name that one knows is confusingly similar to the trademark of another indicates bad faith registration and use under Policy.”

Yes so far the favorite to win our first annual “Not the Sharpest Tool In the Shed Award.”

 

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. Andrew Allemann says

    May 15, 2013 at 10:40 am

    The domain was registered at Tucows, although a couple years ago it was at enom.

  2. Michael Berkens says

    May 15, 2013 at 10:49 am

    That is what the panel found


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