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TheDomains.com

TM Holder Wins UDRP, Fails To Renew Domain & Gets Domain Back in Another UDRP

February 6, 2016 by Michael Berkens

Here’s a case you don’t see everyday.

Bebidas Fruki S.A. of Lajeado, Brazil, won a second UDRP on the domain name Fruki.com after failing to renew its domain back in 2013.

The domain was originally registered on January 2002.

In 2011 the domain name was transferred to the Complainant under UDRP case Bebidas Fruki S.A. v. NitroTrade LLC, WIPO Case No. D2011-0913.

However in 2013 the company failed to renew the domain when it was registered at Godaddy.

It took the company over two years to send a cease-and-desist letter to the domain holder and then filed this second UDRP to get the domain name back.

Unfortunately the domain holder did not respond to the UDRP and lost the domain.

“The website to which the disputed domain currently relates to indicates “FRUKI.com is for sale. Click to make an offer”.

In view of the foregoing, including that the Respondent failed to respond to the Complainant’s cease-and-desist letter in which Complainant requested the transfer of the disputed domain name, and the Respondent’s failure to answer the Complaint and provide a plausible explanation as to why it chose to make the trademark FRUKI the central word in the disputed domain name, the Panel finds that the Respondent registered and is using the disputed domain name to take unfair advantage of the Complainant’s trademark FRUKI, for commercial gain, which is tantamount to bad faith.

Filed Under: UDRP

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. RaTHeaD says

    February 6, 2016 at 2:35 pm

    this is so beautiful. why should anything make sense?

  2. WeAgency says

    February 6, 2016 at 3:36 pm

    Trademark precedes ownership of the domain, no response from the domain owner, and a for sale sign on the landing page with no other use or attempt to avoid confusion in sight. Pretty easy decision for the panelist.

  3. Michael Berkens says

    February 6, 2016 at 3:53 pm

    Certainly a very expensive practice by the trademark holder

  4. Sold says

    February 6, 2016 at 7:03 pm

    I think the 2-years silent period is related to the fact that they struggled to re-obtain a
    certification ( health ) on some of their products. As far as trademark goes, their trademark on one specific product is being contested ( Fruk! Vs. Antartica, ref Guaraná ).
    They are a bit famous in southern Brazil; as for the renewal fiasco and subsequent barrister’s fees, I’d attribute to the fact that virtually no one speaks English in that specific region.
    But I’m a bit confused now, does that mean a drop and catch is being assessed as a new registration ? for example, if coca-cola drops their dot com by mistake and someone else catches it, would
    that mean coca-cola needs to go through the udrp process again ( even if they have a udrp grant/decision on the domain name ) ?


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