Earlier this summer, we called it.
The penny promo for .XYZ domains offered the potential to blindly register available domains en masse, without regard to existing marks.
A venturing domainer who registered Skoal.XYZ as part of a 1,000+ .XYZ domain registration spree soon found out that Skoal is a famous trademark.
The cost of 1,000 .XYZ domains for a penny each amounts to a mere $10 dollars, but a trademark is a trademark is a trademark, as another .XYZ UDRP delivered.
Skoal “smokeless” tobacco is a chewing tobacco product, produced by U.S. Smokeless Tobacco Company LLC that filed a UDRP at the National Arbitration Forum.
Naturally, they operate from Skoal.com.
The Respondent shared some contradicting and fringe claims in defense of his registration:
- He proposes to use the Domain Name to create a noncommercial fan site and blog for a unique and iconic American product that is enjoyed by millions of customers.
- The Complainant failed to register the Domain Name before it became available to the general public. The fact that it has been only one month since registering the Domain Name and the Respondent has not yet made any “bona fide active use” of it is not an indication of bad faith.
- The .xyz suffix is not a common domain name ending and is not accredited by ICANN. Therefore there is no jurisdiction to hear this complaint under the UDRP process.
Right.
Skoal on Google.
Skoal is so famous that even non-smokers know it, and Google is one’s friend, when in doubt.
Alan L. Limbury, Panelist, ordered the domain Skoal.XYZ to be transferred to the Complainant. View the UDRP here.
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