- Joined
- Jul 18, 2006
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Ok. You do not know me all that well yet, but I have been at this business (as an attorney) for some time. I just got slapped with my first bad UDRP decision. It was a complicated case, but we should have won.
The only domain names truly in dispute were dictionary word trademarks. My client's proposed use was non-infringing. All the Panel seemed to care about was that they were trademarks. The Panel went so far as to hold that the Complainant had exclusive rights to a descriptive mark, and any proposed use was apparently a bad faith use, even where it was not a competitive use. My client never offered to sell these domain names to the trademark holder. He did, however, have a business where he incentivized customers to purchase services from his company with loyalty points, which he purchased from large companies with loyalty programs. He registered branded domain names in the companies' names, tailored to his industry, and then offered to partner with the companies. He actually pays the companies money for their loyalty points, so he is a purchaser.
I think the decision is lousy. Am I missing something? I'm not yet ready to engage in conspiracy theories, but I have Oliver Stone on speed dial.
Brett E. Lewis, Esq.
Lewis & Hand, LLP
www.lewishand.com
The only domain names truly in dispute were dictionary word trademarks. My client's proposed use was non-infringing. All the Panel seemed to care about was that they were trademarks. The Panel went so far as to hold that the Complainant had exclusive rights to a descriptive mark, and any proposed use was apparently a bad faith use, even where it was not a competitive use. My client never offered to sell these domain names to the trademark holder. He did, however, have a business where he incentivized customers to purchase services from his company with loyalty points, which he purchased from large companies with loyalty programs. He registered branded domain names in the companies' names, tailored to his industry, and then offered to partner with the companies. He actually pays the companies money for their loyalty points, so he is a purchaser.
I think the decision is lousy. Am I missing something? I'm not yet ready to engage in conspiracy theories, but I have Oliver Stone on speed dial.
Brett E. Lewis, Esq.
Lewis & Hand, LLP
www.lewishand.com