This Hermes bag will set you back $10 G’s.
Hermes International is a French high fashion house established in 1837, and they produce some really sweet – and very expensive – bags and other clothing accessories.
In the wake of the gTLD availability for dot .Clothing domains, someone registered Hermes.Clothing and sat waiting for the inevitable.
The UDRP was filed at the WIPO, seeking the transfer of the domain, but not before the Respondent made some uneducated statements:
- The Respondent submits that it waited until the general availability date to purchase the Disputed Domain Name. It thought it was fine to purchase the Disputed Domain Name because the Complainant had not done so during the sunrise period.
- The Respondent further submits that it portrays the word as HERMES, which is an acronym for the Respondent’s clothing idea, “Her Mind Equals Strength”. The Respondent has a design which incorporates this acronym. The Respondent was planning on selling t-shirts, jackets, and other clothing products via CafePress and implementing the content on a website at the Disputed Domain Name.
- The Respondent stated that the Disputed Domain Name was initially registered in the hope of entering an affiliate agreement with the Complainant.
We see at least two contradicting statements here, and a clear reminder of how silly one appears when they do not retain an expert attorney.
And what about that claim that HERMES is an acronym for “HER Mind Equals Strength“?
Well, it *might* hold some water, if the .com were registered, but it’s not.
The sole panelist in this case, John Swinson, most likely sighed and shook his head, and handed over the domain to the Complainant, after all three elements of the UDRP were satisfied.
Excerpts:
“The Respondent has not provided sufficient evidence to rebut the Complainant’s prima facie case. The Respondent claims that it has a legitimate interest in the Disputed Domain Name as it was planning to sell clothing branded with “HERMES”, which the Respondent claims is an acronym for “Her Mind Equals Strength”.
It appears that the Respondent is relying on paragraph 4(c)(i) of the Policy, and is attempting to show that it has made demonstrable preparations to use the Disputed Domain Name in connection with a bona fide offering of goods or services. However, the Respondent has not provided any evidence of such preparation, other than an image of a t-shirt annexed to the Response which is dated after the date the Complaint was filed. In the circumstances, it is unlikely that the Respondent’s use was bona fide.”
For the full text of the UDRP for the domain Hermes.Clothing, click here.
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