Cybersquatting & Domain Dispute Lawyer Attorney Law Firm - Another Cybersquatting Victory For Traverse Legal under the UDRP

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2008.02.11

Comments

Glad to see sk*rt prevailed! It's silly that they they are entitled to the domain when they have nothing to do with the name.

Nice job! You make a great point. You only get one bite of the domain dispute apple under the UDRP. Most trademark lawyers don't know about the key nuances which make all the difference. While trademarks are an important aspect of dispute policies, it is only 1 of 3 factors. Too many trademark attorney types simply think that if you have a registered mark, you automatically win. Not true.

I believe that lack of candor by Complainant really hurt them here. They did not disclose in their complaint that they purchased skirt.com from a previous registrant AFTER Respondent registered their sk-rt.com domain and launched their ranking site. A comprehensive blog search revealed numerous other web sites using skirt as a market indicator or source or origin.

Many trademark attorneys would not have known what was important, how to discover and document these facts or how to best present them to the arbitrator. Trademark lawyers are used to lawsuit or arbitration with long periods of discovery and lots of brief righting. They get a full hearing, witnesses and evidence in most every case. Under the UDRP, you get one complaint and one response. If you don't get it right the first time, you lose.

A cybersquatting lawyer who truly specializes in UDRP matters knows what is important and what facts need to emphasized. Another lawyer who held himself out as an expert had told this same client there was no way to win the UDRP arbitration. Our lawyers succeeded on behalf of our client because we took one solid swing at the ball and made contact on the first and only pitch.

This is a great example of domain registration without intent to divert traffic, sell the domain name at an inflated price or capitalize on company trade marks. These domain registrants clearly did not know about skirt magazine when they registered their domain name. They had a legitimate business plan having nothing to do with the trade mark owner. NAF got the right result under UDRP policy. Besides, it was a weak trade mark at best.

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