TopCare.com : Generic domain beats corporation at a WIPO UDRP

topcare

Top care images on Google

The ownership of TopCare.com, a domain registered in 1998, was at stake at a World Intellectual Property Organization (WIPO) UDRP.

Topco Holdings, Inc. of Elk Grove Village, Illinois, filed the UDRP to try to get the domain.

The Complainant is a cooperative association of about 50 small and medium-sized independent regional supermarket chains operating in 35 States within the United States, and owns the TOP CARE mark in several classes, since as back as 1987.

According to the UDRP, the Complainant offered $5,000 dollars for the domain TopCare.com, and the Respondent countered with $600,000 dollars.

The Respondent denied being aware of the Complainant’s mark and stated that they monetize the domain via Sedo, earning funds from PPC – a legitimate business. They also asked the Panel to find the Complainant guilty of Reverse Domain Name Hijacking.

Sole WIPO panelist, Luca Barbero, granted the Respondent’s request to keep the domain, but refused a finding of RDNH.

For the full text of the UDRP decision for TopCare.com, click here.

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