A UDRP against the domain Dunkin.Coffee is laden by several caffeine-induced statements by the Respondent, along with arguments that lack any legal basis.
That should come as no surprise; the Respondent did not utilize the services of a qualified attorney on the matter.
The Complainant, DD IP Holder LLC, operates the famous Dunkin Donuts coffee shops, and owns marks for Dunkin, Dunkin Donuts and Dunkin Coffee; the latter, as a community trademark.
The domain currently displays a Twitter feed and some Vine videos that attempt to create humor by “dunking” items in mugs filled with coffee.
Part of the Respondent’s statements include the following, that make little sense from a legal standpoint:
- The Respondent assumed that the Domain Name was not wanted and, therefore, he was within his rights to register it freely and make use of it.
- The Respondent understood that anyone can register a domain.
- Being the owner of a registered trademark does not automatically entitle you to use of that mark as a domain name.
- The Domain Name is the Respondent’s property and it should not be taken arbitrarily from the Respondent under the Universal Declaration of Human Rights.
Perhaps a lawyer would have advised the Respondent to just hand over the domain and avoid such embarrassing tirades, but that wasn’t the case.
Dawn Osborne, Panelist, ordered the domain Dunkin.Coffee to be transferred to the Complainant.
You can read the entire text of the UDRP here.
I just don’t get this one, why would Dunkin’ Donuts have the right to this domain name. If nobody else is allowed it, why is it up for registration?
Surely the respondent has the right to the domain name, it seems they have not made any effort to sell the domain name to Dunkin’ Donuts or indeed damage the reputation of the American Megachain. What was the problem?
I’ve been on the site, its just about dunking stuff in coffee. Seems like this is just another example of the small guy being dictated to by the faceless Megachains of the USA.
Hal
Hal – When in ignorance of trademark law, always blame the faceless Megachains of the USA. It works. Or not.