Lurpak from Denmark: It’s really butter.
The pattern that the Complainant pointed out in a trademark-infringing dot .email domain, carried onto another UDRP with the same Respondent.
Yoyo.Email, Ltd. of UK lost the UDRP for the domain name, Statoil.email.
It seems that going after the Statoil trademark was not the sole such instance for the Respondent, who was hit with a UDRP for Lurpak.email as well.
The Complainant, Danish company Mejeriforeningen Danish Dairy Board, pointed out that LURPAK is a well-known trademark, particularly in the UK where the Respondent is based.
Just like the previous UDRP, the Respondent went on a lengthy tirade about how he hired staff and allegedly spent 78,000 GBP to create some type of email platform and to acquire dot .email domain names.
A fun part of this response included the following:
Respondent’s supplemental submission sought to clarify this “tiny error” by stating that “naturally, there will be some commercialization of the website, but it will be within the Rules.” In sum, Respondent states, “Respondent is a business and like all businesses, needs to make a return on its investment.”
A three member panel, consisting of Robert A. Badgley, Petter Rindforth and David E. Sorkin decided that there was enough evidence the domain lurpak.email should be handed over to the Complainant.
For the full text of this UDRP decision, click here.
