Trademark domains.
The generic domain Hopscotch.com has been saved from the clutches of a Complainant who filed a UDRP relying on a French trademark.
Hopscotch Group of Paris, France filed the UDRP at the WIPO, flaunting its trademarks and several registered domains that contained the term “hopscotch.”
They currently operate from HopscotchGroupe.com.
According to the UDRP:
“The Complainant unsuccessfully attempted to purchase the Domain Name from its previous owners in 2005 and in 2008 but never received any response. In 2015 an individual acting on behalf of the Complainant approached the Respondent (but did not identify herself as acting for the Complainant) seeking to buy the Domain Name. The Respondent offered to sell it for USD 250,000. The individual counter offered USD 30,000. No agreement was reached.”
The Respondent acquired the domain for more than $10,000 dollars, and intended at the time, to create a game by that name.
As detailed in the UDRP statement:
“I acquired the Domain Name in April 2010 from [Ms. Evans]. I emailed [Ms. Evans] on March 30, 2010 to inquire if the Domain Name was available for purchase. I ultimately purchased it for more than USD 10,000. I was interested in the Domain Name because I thought “hopscotch” might serve as a good name for a zombie-oriented online game, the development of which I was involved in at that time. I also wanted to own the Domain Name because, as set forth in my attached email records, I thought it was “a cool name” and could potentially be used for other purposes. The Domain Name reminded me of <foursquare.com>, a domain name, website, and app which, like the Domain Name, bore the name of a popular children’s game. “
A three member panel found that “the Complainant has not established that the Domain Name has been registered, or is being used in bad faith.”
For the full UDRP text for Hopscotch.com, click here.
