Elequa loses Oxado.com UDRP

[GeorgeK]

http://arbiter.wipo.int/domains/decisions/html/2006/d2006-0729.html

Elequa brought the case as the Complainant, saying that Oxado.com was similar to his "Oxide" TM. I think the 3-person panel got it right, ruling in favour of the respondent in a unanimous decision.

The owners of Oxado.com have a real developed website, and aren't just doing some PPC typosquatting. If one looks at the keyboard, a person would have to be very dyslexic to type "Oxado" if one was intending "Oxide". The "a" is on the other side of the keyboard from "i", and the "o" is also on the other side of the keyboard from "e". Oxado is even their registered business name.

The Overture of Oxide.com (with the .com) is a mere 88, which it has been for quite a long time (I've never seen it higher than 100). Not a well known "brand".

Oxado is actually building up their Alexa ranking too, on their own, due to their development:

http://www.alexaholic.com/oxide.com+oxado.com

and they're not doing it by redirecting other domains to it, like oxide.com was doing to inflate their Alexa stats.

A couple of other good cases were decided too, dreamgirls.com:

http://arbiter.wipo.int/domains/decisions/html/2006/d2006-0609.html

(in favour of the respondent) In this one, the panel went so far as to rule it a Reverse Domain Name Hijacking.

In the final case, HMV was going after TopDog.com in what I'd say is a particularly slimy way (the company was bankrupt!):

http://arbiter.wipo.int/domains/decisions/html/2006/d2006-0602.html

I'm surprised the panel didn't find Reverse Domain Name Hijacking there too.

 

[beatz]

Elequa should know better than that...?

It's not like he's in this game since only a few days.

I'm surprised he gave it a try at all.

 

[ParkQuick.com]

These were fascinating, George. I especially liked the DreamGirls.com case. I've been impressed with M. Scott Donahey at Domain Roundtable and in his decisions. If I ever need to ask for a panelist (for a 3 member panel) I think I'll ask for him.

 

[GeorgeK]

Scott Donahey seems like one of the better panelists, I agree (I listened to him on the DVD).

 

[Joe]

this attempt by Elequa certainly puts a spin on his character and in my opinion, makes him look bad. I too am surprised that a claim or finding of reverse domain name hijacking was not asserted. :greensad:

-Joe

 

[denny007]

I see they deleted my message.

 

[Bob]

I see they deleted my message.

Yes, attacks on members are not permitted. Please read the RULES of the forum.

-Bob

 

[denny007]

Yes, attacks on members are not permitted. Please read the RULES of the forum.
-Bob

Even if the member try to steal a domain from another member ?

 

[Theo]

Whatever happened to i.net ? It doesn't resolve.