We have recently posted concerning Kellogg’s National Arbitration Forum UDRP loss in its effort to secure eggo.com. The prior post can be found here and here. One of the most interesting things about this particular case is the fact that the UDRP proceeding never had any merit and virtually no chance of success. Kellogg’s attorneys either didn’t know how to obtain the appropriate information in order to correctly analyze the eggo.com registration as a potential domain dispute or, more likely, simply ignored the law and attempted to use its economic leverage in order to essentially steal the domain name property from the legitimate registrant. As many have already noted, Kellogg’s attempt to use the Uniform Domain Name Dispute Resolution Policy in order to have the domain name transferred to its control; smacks of trademark abuse.
Good advice is critical to both domain name registrants and trademark holders in these types of domain dispute matters. The decision you make based on your attorney’s advice could not only mean the difference between success and failure, but end up making you look pretty silly in the transparent world of the web.