Andrew over at DomainNamewire.com has been covering the myriad of URS cases filed again YoYo.Email and today the company successful defended a URS against eHarmony based it seemed on the lawsuit it filed last week.
The examiner Honorable Karl V. Fink (Ret.), cited the lawsuit between Complaint in Yoyo.Email, LLC v. Playinnovation, LTD (filed August 29, 2014, United States District Court for the District of Arizona, Case Number CV-14-01922-PHX-PGR). :
In the U.S. District Court Complaint, Respondent states:
Respondent’s intention is to create a domain name directory and a system based on that directory to record the sending and receipt of emails;
Respondent does not intend to use the subject domain name as a URL/web address or to host a website;
Respondent has not made the subject domain name visible to the general public;
Respondent has not used any trademark protected domain name itself to monetize its service to consumers or trademark owners;
Respondent requests, among other relief, that the court declare Respondent’s business model is a legitimate and lawful business.
After reviewing the URS sections above and the parties’ submissions, the Examiner determines that the Complainant has NOT demonstrated by clear and convincing evidence that the domain was registered or is being used in bad faith.
The Examiner hereby ORDERS the following domain name be RETURNED to the control of Respondent.
<eharmony.email>
