iBuy.com : Domain name registered in 1995 was saved from UDRP

The “e” and “i” domain prefixes are reminiscent of the early 90’s, but this does not mean such domains are useless.

In the case of iBuy.com, the prefix can indicate personal action and regardless, the domain is short and memorable – not to mention, 20 years old.

Perhaps that’s why IBUY Stores, Inc. of Harriman, New York, attempted to get the domain via UDRP.

The owner of iBuy.com, a domain Registered in 1995, fought back, and won.

The single panelist noted the following:

“Respondent provides evidence that he purchased the Domain Name in 2007, as part of a suite of domain names, prior to Complainant’s establishment of its website (in 2008) or registration (in 2015) of its IBUY mark. Had Respondent conducted a trademark search at the time, Respondent would not have found any federal registration reflecting Complainant’s mark because Complainant did not apply to register its mark until 2014, nor would Respondent have been able to view Complainant’s website at that time because the site was not yet in use in 2007.

Complainant also has not submitted evidence that its mark was well known (either then or now, Complainant’s unsupported conclusory allegation that its mark was well known and has become famous notwithstanding) at the time such that Respondent would or should have been aware of it. These facts suggest that Respondent likely was not aware of Complainant’s rights in the mark IBUY at the time he acquired the Domain Name in 2007, and thus could not have acquired the mark with a bad faith intention against Complainant and its mark.

Nor is there evidence that Respondent has used the Domain Name in bad faith. For example, Respondent presents evidence that he has repeatedly refused to sell the Domain Name since he purchased it in 2007. Complainant presents no evidence Respondent has ever attempted to sell, rent or otherwise transfer the Domain Name to Complainant.

Complainant additionally presents no evidence that Respondent registered the Domain Name to prevent it from reflecting the IBUY mark in a corresponding domain name. Contrarily, Complainant’s current website, “www.ibuystores.com”, reflects this mark.”

For the full text of the UDRP decision on iBuy.com, click here.

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