A company using the mark ORDER MY OIL went after the domain OrderYourOil.com, claiming that the mere substitution of the words is infringing.
Wes Madan / United Oil Heat, Inc., d/b/a OrderMyOil.com filed the UDRP at the National Arbitration forum. The company claims common law rights, in other words, there is no registered trademark.
Ironically, the Complainant itself was the focus of a UDRP in early 2016, from the holders of the mark ORDEROIL, and they won.
Not only that, later last year they filed and won another UDRP, against the domain OrderMyOilService.com.
They used those two decisions in this one, to indicate that they have rights to the mark.
OrderYourOil.com is a competing business, and it’s all about natural oil – not vegetable oil.
The Respondent alleged that the words are generic, that they offer a legitimate service, and sought a finding of Reverse Domain Name Hijacking.
A three member panel decided that the domain should remain with the Respondent; no information on a RDNH finding seems to have been rendered, however.
Read the full text of the UDRP on OrderYourOil.com.
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