A sad case of domainer stupidity unfolded during the decision for the UDRP against the domain AUDI.Reviews.
Brought to WIPO by Audi AG of Ingolstadt, Germany, the domain was challenged on the basis of its use – or lack thereof.
The Respondent alleged that he registered the domain in good faith, intending to write reviews of Audi cars, and that’d be “fair use” of AUDI.Reviews.
However, not only he did not write any reviews, but when contacted by the German auto manufacturer, he insinuated that the domain was worth much more:
“I had a chance to discuss your offer with everyone in my group. Unfortunately, I would have to respectfully reject your offer. At this time, I would like to continue with my original plan to start a blog and write reviews; however, I am still open to entertaining offers at the right price.
I appreciate your offer to cover my expenses for owning the domain thus far, but I believe there is more value to this domain name than your offer. If you are still interested, please submit a more practical offer.”
Oops! Now you’ve f*cked up, dude.
Either you use the domain for reviews, under a questionable “fair use” protection, or you offer to sell it at a price that far exceeds out of pocket expenses. That’s why cybersquatting is bad.
The panelist, Jonathan Turner, examined all the evidence and quoted thus on the subject:
“The Panel notes the Respondent’s offer to sell the Domain Name to the Complainant and his lack of any real preparation for its legitimate use. In the circumstances, the Panel finds that the Domain Name was registered primarily for the purpose of selling it to the Complainant for payment in excess of his out-of-pocket costs.
This constitutes evidence of registration and use of the Domain Name in bad faith in accordance with paragraph 4(b)(i) of the UDRP. This presumption is not displaced by other material in the file. In all the circumstances, the Panel concludes that the Domain Name was registered and is being used in bad faith.”
For the full text of the UDRP against the domain AUDI.Reviews click here.
Alibaba Group Vs Ali Baba
Ali Baba win http://www.adndrc.org/diymodule/URS_decisionView.php?num=00053&caseid=HKS-1500021
Oscar – Apples and oranges. AUDI is not a fictional character of a story tale, as it was alleged in the UDRP you posted. If I were you, I’d set up a web site fast.
I made the mistake or approaching a potential buyer who has a trademark on my domain name which is a generic name. Am I in trouble??
For the sake of example lets say I own creditcards.com (and yes..I wish I had that domain:-))
and the TM is
JORAN
credit cards
Am I in trouble??
Thanks!
Toren – Not necessarily, it depends on the specifics of the communication that followed. But if you piss them off, they might respond in kind.