Pending trademark applications make weak arguments in a UDRP.
While some research finds that UDRP cases filed against .com domains are becoming less common, the amount of chutzpah is definitely increasing.
Take, for example, the UDRP filed against the domain Bootler.com, which was registered in 2003.
Bootler LLC, a company that provides “searchable websites featuring goods and services of other vendors,” filed a trademark application for the mark BOOTLER at the USPTO on March 3, 2016. They claim common law rights dating back to “at least” as early as December 2, 2015.
Wow. That’s “at least” 12 years after the domain Bootler.com was registered.
According to the UDRP, the Complainant asserted that the Respondent sought a minimum of $200,000 dollars for the domain.
Refuting these claims, the Respondent states they asked GoDaddy for a formal written offer, “after receiving information of an anonymous, unsolicited offer of $100,000 dollars, but never received one.”
Despite finding no registration or use in bad faith by the Respondent, Anne M. Wallace, sole panelist refused to deliver a finding of Reverse Domain Name Hijacking.
In our opinion, this is a clear-cut case where a latecomer attempts to wrestle a domain away from its legitimate owner, as a “Plan B” to not willing to pay for it.
Bootler.com was ordered to remain with the Respondent, however. For the full text of the UDRP decision, click here.
