No love at the UDRP: First they lost the .net and now the .com!
In late July we posted how a UDRP brought against the domain name, OneLove.net, was denied.
The OneLove.net owner demonstrated fair use of the domain since 1998, although it was not over the web but rather, email.
It seems that the same Complainant went after the dot com as well, and they failed to grab that one too.
OneLove.com is currently parked but that fact did not matter at the National Arbitration Forum.
According to the decision, the domain will stay with its owners, who quoted:
“A Google search of ‘One Love’ produces 562 million results in which the Respondent is proportionately non-existent. The majority of results have to do with the Bob Marley song. The Respondent’s use of the disputed domain name is legitimate. The popularity of the Bob Marley song is huge. The Jamaican Tourist Board uses it to promote tourism to that country.”
The “one love” trademark brought forth by the Complainant was registered in 2001. The Respondent points that out, stating:
“The Complainant does not explain why it is “going after” a domain name first registered in 1995 on the basis of its trademark which was registered in 2001.”
Another big win for common sense and domain investors! Read the full case here.