A currently unknown entity has filed a UDRP on the domain name SoapBoxDerby.com that has been registered since 2001 and is owned by Vertical Axis.
As it currently stands, it appears that Vertical Axis only defense is Laches (14 years since the domain was registered), as a live trademark filed in 1976 may be the ones who filed the UDRP:
Owner (REGISTRANT) International Soap Box Derby, Inc. CORPORATION OHIO 789 Derby Downs Drive Akron OHIO 44306
International Soap Box Derby, Inc. uses the domain name AASBD.org for its main website currently.
A soap box derby is a gravity race and youths often build the cars themselves to race them. The racing actually dates all the way back to 1933 when Myron Scott, a photographer for Dayton, Ohio newspaper Dayton Daily News, put together an impromptu race for 19 boys according to Wikipedia.
There are currently 663 actively registered domain names that simply start with the term “soapbox” and 11 domains that contain SoapBoxDerby exactly and or SoapBoxDerby+Keyword.
Image Source: Workman.com
“As it currently stands, it appears that Vertical Axis only defense is Laches”
So, Jamie, you don’t think it is at all significant that the 1976 registration is purely figurative, and that in their 2005 application, in response to a descriptiveness refusal, the applicant amended to a distinctiveness limitation statement in the entire phrase “All American Soapbox Derby”, and never claimed or proved distinctiveness in “Soapbox Derby”?
It might be a good idea for you to avoid deciding these ahead of the actual outcome.
John, I believe for panelist(s) live USPTO registration is all what they need. They have no power nor reason to call any live trademark registration figurative or anything like that. This case is strong enough for Complainant.
Well “Pete”, since we are on a first name basis apparently, you are free to believe that.
http://www.wipo.int/amc/en/domains/search/overview/#111
“However, design elements in a trademark may be relevant to the decision in certain circumstances – such as where, for example, they form an especially prominent or distinctive part of the trademark overall. Some panels have found it to be a matter of impression in the circumstances of each case.”
John Berryhill,
As I stated in the article, it is unknown who filed the UDRP and it may be the owners of the 1976 filing. There is a live word mark on the term Soap Box Derby. That is a fact. I am not a judge to decide if something is “purely figurative” or not. I should have stated that IMHO Vertical Axis best defense may be Laches.