The owner of Braindumps.com, Certplex, Ltd also lost three more UDRP’s yesterday.
It maybe some sort of record UDRP as four separate panels made up of separate panelists denied each and everyone of the Braindumps.com four Complaints.
In addition to the Braindumps.biz case the subject of a previous post, the Company Certplex also lost its UDRP bid to grab the domain name, braindumps.org on a decision handed down by panelist the Hon. Karl V. Fink (Ret.)
Braindumps.org was registered back in July 25, 2002 and was actually used as a site to sell test preparation materials since May 2003
Complainant’s braindumps.com was created on December 11, 1997 but the trademark was not filed until this year.
In the third case, the owner of Braindumps.com lost a UDRP in its attempt to grab the domain name, surebraindumps.com which was registered in 2005
This case a three member panel of Honorable Daniel B. Banks, Jr., Honorable Karl V. Fink and Petter Rindforth found that the term “Brain Dumps” has long existed on the Internet and means a collection of exam questions that are posted for future exam takers. Respondent has used the domain name to sell related products, and Complainant’s claim of seniority to use this term “braindumps” is without merit. Accordingly, the Panel finds that Respondent’s use of the domain name for its own business is justified given the prevalence of the term “braindumps” independent of Complainant’s specific offerings.
The Panel notes that the Complainant in based in US and United Kingdom (UK), whereas the Respondent is based in Pakistan.
Although the Complainant has a valid US trademark registration for BRAINDUMPS, the Complainant has not presented any facts to support that BRANDUMPS – as a trademark – is commonly known outside the United States.
“As the Panel has found, Complainant has not demonstrated the existence of rights in the Trademark apart from its U.S. Trademark Registration. How could have Respondent known of the Trademark before it was registered, particularly since Respondent is a national of Pakistan?
“Complainant has established no prior trademark rights or any analogous rights that predate registration of the Domain Name.”
The fourth UDRP case involved the domain name abraindump.com, which was decided by Bruce E. O’Connor as Panelist
The domain name abraindump.com, was registered on November 30, 2001.
4 UDRP’s filed against 4 different domain names, registered by 4 different companies, and 6 panelists all ruled against the 1 loser of the day Certplex, Ltd
Dumbasses?
Is it permitted for a panelist to discuss it with the other panelists from the other complaints?
I’m sure a panelist did not want to look incompetent (stupid) if 3 cases went one way and the fourth went the opposite.
Yes, it is permitted. Actually there is nothing at all forbidden to the panelists.
Except that they have to be impartial but that is sometimes questionable or a blunt lie.
BrainFarts.com
“Complainant’s braindumps.com was created on December 11, 1997 but the trademark was not filed until this year.”
Yes, because if you take a look at the UK Companies House database, the Complainant Certplex Ltd. didn’t exist until last year.
The other fun here is this… go ahead and Google “braindumps”.
It was a bullshit claim all around, and it’s good to see that all four panels got it right.