The UDRP was bought by the trademark holder after he refused to buy the domain from the former owner.
Apparently the trademark holder was offered the domain by the previous owner for $25K and then at $15,500 but rejected both offers.
Mr. Booth went ahead and then bought the domain for $12,700.
The trademark holder then filed the UDRP (costing him probably $5K) against the buyer Mr. Booth.
The Complainant states that the disputed domain name is being used solely for the purpose of serving sponsored links and generating click through advertising revenue. Consequently, the Respondent has no rights or legitimate interests in the disputed domain name as it is set up solely to run PPC.
The Complainant alleged that the Respondent registered and is using the disputed domain name in bad faith because it was registered after the Complainant’s mark; because it was transferred to the Respondent after the Complainant sent a cease and desist letter; because the Respondent registered and is using the domain name primarily for the purpose of disrupting the Complainant’s business; and because the Respondent is parking the domain.
Respondent, argued that the phrase “MY SCHOOL” is a common generic terms and the Respondent has fairly used the terms to describe the services that it offers. and was not aware of the Complainant when it acquired the disputed domain name and the mark MYSCHOOL.COM.
In finding for the domain holder the panel noted:
“”When the Respondent purchased the disputed domain name from its predecessor in interest in December 2009, the Respondent also acquired all rights, title and interest, goodwill associated with the disputed domain name and the service mark MYSCHOOL.COM. The Panel finds that these facts are evidence of Respondent’s concurrent rights in the disputed domain name.”
The Panel went on to deny a request for a finding of Reverse Domain Name Hijacking.
Congrats to Andy and Stevan, nice win, nice purchase.
Trademark holders ever heard the expression penny wise, pound foolish?
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