03/12/2013

CitizenHawk UDRP Complaint Fail

When you use a service which tends to boilerplate all of your pleadings, you sometimes get what you pay for.  CitizenHawk does a variety of different online brand protection activities.  But a bunch of what it does is automated and boilerplate. 

CitizenHawk somehow managed to lose a UDRP to the domain name Orbbitz.com.  The UDRP panelist found a whole range of issues which were never covered in the UDRP complaint filed by Orbbitz. 

Did Complainant assert Respondent registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant for more than Respondent paid?

No.

Did Complainant assert Respondent registered the domain name to prevent the owner of the trademark from reflecting the mark in a corresponding domain name and Respondent has engaged in a pattern of such conduct?

No.

Did Complainant assert Respondent registered the domain name primarily for the purpose of disrupting the business of a competitor?

No.

Did Complainant assert Respondent intentionally attempted to attract, for commercial gain, Internet users to its web site by creating a likelihood of confusion with the Complainant’s mark?

No.

Why didn’t Complainant make these arguments?

This Panel does not know.

This Panel is loath to make an argument for a party, especially one represented by an experienced representative.  To make these arguments would require the Panel to assume facts not in evidence.

Complainant has failed to meet its burden of proof of bad faith registration and use under Policy

Respondent has not registered or used the domain name in bad faith if Respondent has not violated any of the factors listed in Policy ¶4(b) or engaged in any other conduct that would constitute bad faith registration and use pursuant to Policy ¶4(a)(iii).

The Panel finds Policy ¶4(a)(iii) NOT satisfied. 

 

 

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  • Anticybersquatting Consumer Protection Act - Wikipedia
    The Anticybersquatting Consumer Protection Act (also known as Truth in Domain Names Act), a United States federal law enacted in 1999, is part of A bill to amend the provisions of title 17, United States Code, and the Communications Act of 1934, relating to copyright licensing and carriage of broadcast signals by satellite (S. 1948). It makes people who register domain names that are either trademarks or individual's names with the sole intent of selling the rights of the domain name to the trademark holder or individual for a profit liable to civil action.
  • Typosquatting - Wikipedia
    Typosquatting, also called URL hijacking, is a form of cybersquatting which relies on mistakes such as typographical errors made by Internet users when inputting a website address into a web browser. Should a user accidentally enter an incorrect website address, they may be led to an alternative website owned by a cybersquatter.
  • Reverse Domain Hijacking - Wikipedia
    The term reverse domain hijacking refers to the practice of inequitably unseating domain name registrants by accusing them of violating weak or non-existent trademarks related to the domain name.
  • Uniform DomainName DisputeResolution Policy - Wikipedia
    The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP policy currently applies to all .biz, .com, .info, .name, .net, and .org top-level domains, and some country code top-level domains.
  • Cybersquatting - Wikipedia
    Cybersquatting, according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else.

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