UDRP for gTLD: Heavy Duty or Harley Davidson?

A UDRP against the domain name H-D.bike was decided recently, with the Complainant awarded the domain name from a non-responsive Respondent.

Harley Davidson, world-famous for its motorcycles – affectionately called “bikes” – owns a trademark for “H-D” since 1984; that’s 30 full years.

The registrant of the domain, H-D.bike, wasn’t shy about it: the landing page depicts a kid on a Harley bike, and the text “Dedicated to my heavy duty bike” beneath the H-D.bike link.

hd-bike

Obviously, a foolish attempt at securing a domain that violates an established trademark.

Initially, the registrant had forwarded the domain to his domain portfolio web site, before setting up the current temporary page with GoDaddy.

The sole panelist, Debrett G. Lyons, mentioned:

“There is no evidence of good faith use prior to notice of the dispute.  On the contrary, the evidence is that Respondent used the domain name to redirect Internet users to the website associated with the <liiiiiike.com> domain name wherein Respondent promoted its domain name resale and advertising services.”

In this case, it’s apparent that the keyword, combined with the gTLD infringed on the rights of Harley Davidson, and the registrant was ordered to transfer the domain name to the Complainant.

For the full text of the decision, click here.

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