Standard & Poor’s Financial Services LLC just lost a UDRP on its big to grab the domain name, BoycottStandardandPoors.com
Unlike the UDRP decision we just wrote about which seemed to turn on the fact that the domain name didn’t resolve, this three member panel refused to transfer the domain largely because the domain name did not resolve finding since the domain did not resolve S&P could not meet its burden of proof that the domain name was registered in bad faith.
“As Respondent conceivably could use the domain name at issue in a manner that would not constitute bad faith registration and use, and as the domain name at issue has yet to be used to resolve to a web site, Complainant has failed to establish that Respondent has no rights or legitimate interests in respect of the domain name at issue.”
“Respondent is not currently using the domain name to resolve to a web site. Since it is conceivable that Respondent could use the domain name in such a way that Respondent did not seek to profit from the good will attached to Complainant’s family of marks, the complaint has been brought prematurely. ”
“Should Respondent in the future seek to profit from the good will attached to Complainant’s family of marks, Complainant may file a complaint at such time. Accordingly, the Panel finds that at present, Complainant has failed to establish bad faith registration and use as required under the Policy.”
What a lovely decision to use in future udrp defenses!