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I'm looking for examples of WIPO cases that include Geo+keyword domains

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draggar

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I have a Geo+ generic keyword domain .com that happens to match the name of an organization (who is using the .net domain and points the .org to the .net). Think Florida Dog Rescue and FloridaDogRescue.com (hypothetical example).

I had a long chat over email today with the head of "Florida Dog Rescue" and they are giving me the impression that they feel they are entitled to the domain (they went though the story about how their ex-spouse refused to hand over the domains during a divorce and have no idea how I got the domain (hand registration). They also claim that they have lost a lot of donations because people type in .com and think their organization is not legitimate (yet my parking stats show only 6 visitors this year).

I decided not to sell it because other dog rescue organizations have asked me to keep it so I can set up an unaffiliated site for all dog rescue organizations in Florida could discuss laws, situations, chat, pictures, etc.. of their rescued dogs. I told the person this but came to the agreement that I would take it off parking (I was going to start a site this weekend) and put a note that I am not affiliated with them (seriously, I'm being really nice now).

Talking to some other dog rescue organizations it turns out this person is extremely passionate and can be unstable at times. I highly doubt they are going to try anything legal but I'd like to have some information to back me up if push does come to shove.

Here are some more facts:
Florida Dog Rescue (again, hypothetical) does have a 501(c)(3)
Florida Dog Rescue was formed in 1999
FloridaDogRescue.net and .org were registered in 2006
There is no trademark for Florida Dog Rescue
The organization is a Florida based Dog Rescue (but doesn't cover the whole state)

FloridaDogRescue.com was registered in 2011 (my domain)

The domain is a pure geo (Florida) + generic keyword (Dog Rescue) that will be used for the geo location and "dog rescue".

So, has there been WIPO cases for Geo+ generic keyword domains?
 
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Biggie

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no websites in archive for the net or org
 

Gerry

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Unless they emphatically have a TM, it may be a moot point. Then again, we are talking WIPO which prevails to the whims of the individuals on the panel (or from which direction the wind is blowing...same difference).

What comes to mind is the generic year + word olympics or the generic city + the word olympics (or olympiad).

In your instance, you may be at the mercy of the other person (and panel) does see a fail (in your case) as the "confusingly similar".



For you sake, I would start putting together a list of all states, demonstrate those independent entities for the same state+keyword as individual organizations co-existing in the .com, .net, and .org-asphere.

And, for the sake of clarity, make sure you use the exact phrase or breed that is being contested in your scenario and spend some time looking them up in the other states.
 

katherine

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A WIPO is going to cost 1.5K+
And right now they may be thinking they are entitled to the domain for free... just saying that it's not likely they are going to take that route.

IMO the questions to ask in order to establish possible bad faith are:
were you aware of the existence of that non-profit organization
would you have registered the domain if a non-profit of the same name didn't exist
 

Gerry

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A WIPO is going to cost 1.5K+
And right now they may be thinking they are entitled to the domain for free... just saying that it's not likely they are going to take that route.

IMO the questions to ask in order to establish possible bad faith are:
were you aware of the existence of that non-profit organization
would you have registered the domain if a non-profit of the same name didn't exist
I agree with you...to a point.

The two criteria you mention are less harder to prove or disprove from the standpoint of either side. In other words, it would boil down to a he said/she said.

I would be most concerned about the "confusingly similar" criteria. That is more cut and dry and draggar might be under the microscope in this regard.
 

draggar

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IMO the questions to ask in order to establish possible bad faith are:
were you aware of the existence of that non-profit organization
would you have registered the domain if a non-profit of the same name didn't exist

I was not aware of the organization at the time and that should also answer the second question.

Also, given my involvement in this niche it would make sense for me to register this domain.
 

dvdrip

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As they don't have a TM they will have top prove common law rights that would be a bit difficult if the domain's keywords are descriptive.
I would watch for the usage as well and not infringe on any of their rights.
Was your registration done after a drop? Who owned the domain before?
 

draggar

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I don't know who had it before me - I just went to the registrar and typed it in and it was available.

I'm staying as far away as I can within the limits of the generics - keeping with the example, they're adopting out rescue dogs while I'm offering information on rescue dogs.

I just checked archive.org and nothing came up for the site.

There is history in the Whois - 2 registrars with 2 drops but I don't have a premium account to see who owned it but it shows initial registration was in 2007

Edit: OK, I did some basic searching. It looks like it was initially registered in December 2005 and was deleted Feb 2007. Then, it was registered again in March 2007 and dropped again in August 2008.
 
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Gerry

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Edit: OK, I did some basic searching. It looks like it was initially registered in December 2005 and was deleted Feb 2007. Then, it was registered again in March 2007 and dropped again in August 2008.
So, it looks like your opponent actually had three opportunities to register the domain name...from the original registrant it was registered/deleted, registered/deleted, and registered by you.
 
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