Prominent IP attorney, John Berryhill.
Domain attorney John Berryhill is known for his sense of humor, and for the relentlessness when responding to UDRP cases.
In a case involving the aged domain name Axero.com, the Complainant, Axero Solutions LLC, asserted that the domain Axero.com was rightfully theirs.
The domain was registered in 2004 and it’s currently being offered by its owner through Domain Holdings, for a minimum of $10,000 dollars.
At some point, the Complainant tried to be ‘cheeky’ and offered $10,001 dollars, which was naturally rejected as not representative of the domain’s worth.
John Berryhill raised the issue of “priority use”; the Complainant acquired their mark years after the domain was acquired by its current owner.
In the end, a three member panel consisting of Michael A. Albert, The Honourable Neil Anthony Brown QC and Prof. Dr. Thomas Hoeren ordered that Axero.com should remain with the Respondent:
“Respondent has provided adequate evidence that it did, in fact, register and own the domain name as of 2005. Accordingly, since Complainant undisputedly did not acquire its claimed rights until three years later, Respondent had legitimate rights and interests as of the time of its registration.”
For the full text of the UDRP at the NAF for Axero.com, click here.
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