Seeking PPC revenue is a legitimate use of domains.
In a UDRP for the domain Kubex.com, the Complainant attempted to wrestle the domain away from its registrant, predating the “KUBEX” trademark by 11 years.
Represented by the Zak Muscovitch law firm, the Respondent noted:
“Respondent could not have registered the domain name in bad faith because Respondent’s registration of the domain name predates by more than ten years any rights Complainant might now have in the KUBEX mark. “
Although Kubex.com was parked at Sedo with PPC advertising, that constitutes a valid or “bona fide” use for domains:
“Respondent’s use of the domain name for general advertising also constitutes a bona fide use of it. Respondent’s willingness to sell the disputed domain name to Complainant for a price does not show a lack of rights or of bad faith because Respondent is the rightful and legitimate holder of the domain name.”
The Respondent attempted to have the panel declare a case of Reverse Domain Hijacking, however that wasn’t granted on the basis that the Complainant – at the very least – holds a valid trademark.
Terry F. Peppard, Panelist, ordered the domain Kubex.com to remain with the Respondent.
For the full text of this UDRP case, click here.
