Tuesday, May 24, 2011

Three-Letter Generic Domain Name, TDS.COM, Saved at UDRP

Just got word from WIPO that the UDRP over TDS.COM was decided unanimously in favour of the registrant. This is good news for generic domain name holders. Helps to have a domain name lawyer on yours side sometimes...

This was an interesting case where the registrant was the long-standing admin for the domain name on behalf of his employer. There was contemporaneous email correspondence entered into evidence which demonstrated the motivation that the registrant had for seeking his employer's agreement to transfer the domain name to himself, i.e. his employer no longer had use for it and the Respondent saw value in it as a generic three-letter domain; not because of the Complainant's trademark rights...

The Panel also had some important remarks to make on "Additional Submissions", which should come in handy when arguing at the National Arbitration Forum or at the World Intellectual Property Organization over whether Complainant's should have their supplementary complaints admitted...

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