No standing ovation about this UDRP decision!
The aged, generic domain name Ovation.com has been ordered to be transferred to the Complainant, after its registrant lost a UDRP at the National Arbitration Forum.
According to Domaintools, Ovation.com was registered in 1994; the Complainant, DC Labs Inc. is engaged in producing, selling, and distributing hair care products since 2007 and operates their business from OvationHair.com.
The respondent acquired Ovation.com in 2008, and at the time the decision was issued, Ovation.com was apparently displaying ads related to hair products bearing the Complainant’s mark, or links for other hair care companies.
Despite the Respondent’s contention that there are 140 other registered trademarks for “Ovation” at the USPTO, the sole panelist, Eduardo Machado, delivered the following shocking statement, as reason for deciding on behalf of the Complainant:
Although not a conclusive argument, the fact that Respondent owns 107 domain names, according to a reverse WHOIS lookup, might be considered a pattern of Respondent’s history of purchasing domain names and not using them for legitimate business purposes. […] Respondent has not monitored the disputed domain name since 2009 and has allowed it to be “parked”.
Definitely a decision that will send shock waves across the domain industry!
Read the full text here.
This post is 100% true!
