ChatGPT.com is involved in a fresh UDRP
OpenAI, inventors of the ChatGPT model and platform, have filed a UDRP to get the matching .com domain, ChatGPT.com at the WIPO.
The company failed miserably to secure the domain that was available for just a few days after the ChatGPT beta opened to the public. A company called Site Matrix LLC registered the domain ChatGPT.com and has monetized its apparent traffic; in recent weeks, the domain was pointed to a lander indicating some form of development.
OpenAI filed for the registration of the ChatGPT and GPT marks in December. They have already registered the mark GPT-3 and GPT-4 is pending.
What are the odds that the ongoing UDRP will result in the domain’s transfer to OpenAI? We asked ChatGPT about it and here is the response:
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes over domain names. The UDRP allows a trademark owner to seek the transfer or cancellation of a domain name that is identical or confusingly similar to its trademark, where the domain name was registered and used in bad faith.
To prevail in a UDRP, the complainant (in this case, OpenAI) must prove three elements:
- The domain name registered by the respondent (the current owner of ChatGPT.com) is identical or confusingly similar to a trademark or service mark in which the complainant has rights.
- The respondent has no rights or legitimate interests in respect of the domain name.
- The domain name has been registered and is being used in bad faith.
If OpenAI can successfully prove these elements, the WIPO panel may order the transfer of the domain name to OpenAI.
However, the fact that the current owner of ChatGPT.com is monetizing the domain name may not necessarily mean that they registered and are using the domain name in bad faith. The WIPO panel will consider several factors in determining bad faith, including whether the respondent registered the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name to the complainant, or to a competitor of the complainant, for a profit.
The involvement of legal counsel in a UDRP plays a major role in how a case is presented to the Panel. We’ll have to wait and see whether the Respondent in this UDRP will respond at all.
