A one member UDRP panel awarded the domain name kraftheinz.com was registered on March 25, 2015, the same day the merger between Kraft Foods Group, and H.J. Heinz Company was announced.
The decision was published in Korean and we used Google translate.
The panel said:
“Registering a domain name that combines the names of the target company by merger or a merger between companies that act in bad faith in using them are identified through a number of bars prior UDRP decision the applicant is cited.
Reference: Sopra Group and Steria v. JSP, WIPO Case No. D2014-0673; The Chase Manhattan Corporation and Robert Fleming Holdings Limited v. Paul Jones, WIPO Case No. D2000-0731 (a merger between the company registered the domain in the act was released the same day estimated for purposes of obtaining a profit by selling the domain); The Body Shop International PLC v. CPIC NET and Syed Hussain, WIPO Case No. D2000-1214; Logica plc and Logica UK Limited v. CPIC Net, WIPO Case No. D2000-1566 (after a merger between companies that were released domain names registered in the name of the new entity will be recognized within 24 hours of bad faith); And Sampo Insurance Company Plc and Leonia Plc v. Caspar Callerstrom, WIPO Case No. D2000-0864 (points that the merger plan was announced immediately after the domain registration was trying to obtain a profit by vaporizing the registrant shall be assumed that the merger).”
There was no discussion in the opinion nor any defensiveable reason why the companies did not register the domain name before announcing the merger and as the panel cited this is not by any extent the first time that big brands failed to register domain names prior to announcing the merger
It wasn’t for lack of advice from domain consultants that Kraft-Heinz dropped the ball. At least 1 of us reached out to them.
Why would they possibly reg the name before a merger and raise a red flag. That’s the best way to have the SEC knocking on your door.
the guy who registered skidmarx.com heard Richard Marx was the new lead singer of Skid Row.
Bring back the 80s!
First of all This is not brain surgery. Kraft Heinz is a billion dollar company and could have registered the domain weeks in advance under privacy and then point to a white page on a server showing nothing to the public. This is how large Tm lawyers work secure the domain and legal tm is intent to use and then the public notice. What we are seeing is many large corp brands fail to protect their tms. Not only that there is a rule that mark owners are suppose to police the public for infringing marks.
i’d like yo go off topic for a minute
and make a personal attack on someone,,,
damn bitch set me up.