UDRP has been denied.
The aged domain ATC.com has been successfully defended by domainer-friendly lawfirm, ESQwire.com, in a UDRP brought forth by ATC Group Services LLC.
Registered in 1990, it’s one of the earliest domains in existence, predating the dawn of the commercial Internet.
The Complainant asserted it has common law rights predating the domain’s registration, as far back as 1982; ATC claims it has continuously used and promoted the ATC mark in commerce through advertising, sales, and various other ways.
The Respondent denied those claims, stating that the Complainant has failed to show common law rights in the ATC mark.
“The Affidavit of support provided by Complainant shows multiple names: such as “ATC Laboratories, Inc. that changed to ATC Environmental Group, Inc., later changed to ATC Group Services, Inc. and most recently to ATC Associates, Inc., such admissions hardly show evidence of exclusive use of “ATC.” “
Additionally, Respondent demonstrated its legitimate business use of the domain name as a corporate email address (e.g., sdudani@atc.com). Use of a generic, three-letter domain name also confers legitimacy given its inherent value.
The Complainant asserted that for almost 15 years, the Respondent has been tardy in their use of the domain, something that the Respondent denies.
A three member panel at the National Arbitration Forum, composed of Neil Anthony Brown, Bruce E. Meyerson and David P. Miranda, denied the Complainant’s request for a domain transfer.
To read the full text of the UDRP decision for the domain ATC.com click here.
Note: ESQwire.com is a premium sponsor of DomainGang.com. This article presents news and information obtained from public sources and is not a paid advertisement.
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What is the cost range of hiring a firm to defend a UDRP like this?
@domains – That depends on the circumstances of the case, I’d assume. Some law firms offer flat rate solutions.
Ari Goldberger is the champion of domain name law.
My last one, in 2016, was $3000 flat fee from one of the big 3 in our industry. I received a $500(from 3500) discount because he was so irritated with the complainant.