UDRP has been denied.
A UDRP at the WIPO against the premium, aged domain name Dune.com failed to surrender it to the Complainant, Dune Holdings Limited of London, UK.
John Berryhill represented the unnamed Respondent in this case, who used the disputed domain name for ten years in connection with subject matter relating to coastal recreation.
As part of the defense, the following was stated:
“The Respondent had never heard of the Complainant prior to this dispute and solely intended the disputed domain name to be used for advertising subjects related to the word “dune”. The Complainant has failed to show that it has any monopoly rights in the term “dune” and the Respondent’s historical usages have been perfectly legitimate.”
The Complainant produced a series of archival screenshots for Dune.com, in an attempt to prove that the domain was monetized via advertising.
In the end, a three member panel, consisting of Adam Taylor, M. Scott Donahey, and Richard G. Lyon, decided that the domain Dune.com should remain with the Respondent.
Read the full case here.
