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Oh no, you didn’t! Fifth UDRP for Yoyo Email LTD breaks all records!

ZFBot
Cybersquatter is the "C" word for every respectful domainer.

Cybersquatter is the “C” word for every respectful domainer.

Yoyo Email Ltd., registrant of dozens of dot .email domains had his path paved, after focusing on trademarks such as NVIDIA, Statoil, Lurpak and even Sheraton.

The quartet of UDRPs became a quintet today, after GEICOGovernment Employees Insurance Company of Chevy Chase, Maryland – filed a UDRP for the domain GEICO.email.

Instead of admitting that cybersquatting on a famous brand and trademark was an incredibly stupid idea to begin with, the Respondent ranted on:

“The Respondent denies that the Trademarks and the Domain Name are identical or confusingly similar as a subscriber to its service (or a member of the public) does not see or come into contact with the Domain Name, which is used as a “behind the scene technical link”.

The Respondent further asserts that it has a right and legitimate interest in using the Domain Name as an Internet address as part of the technical process enabling subscribers to send recorded emails to the Complainant and vice versa. The Respondent asserts it has made considerable preparations for its business prior to being notified of the dispute, consisting of purchase of .email domain names and setting up its service. According to the Respondent it uses the Domain Name for a bona fide offering of goods and services, using it as a technical link between its email server and the Complainant’s email server as part of its service, which it submits is a legitimate extension of its other businesses in security, including Internet and social media.”

Nice business plan there, chuck: Use the trademarks to provide email communication with existing companies that already own their official domain to communicate with customers!

Not sure why a three member panel was required in this clear cut case, involving the panelists Wolter Wefers Bettink, Bradley A. Slutsky and David E. Sorkin, that all decided the obvious: GEICO.email should be transferred to the Complainant.

For the full text of this UDRP at the WIPO, click here.


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