20 Dec '12, 3pm

UDRP panel got case right, but complainant’s lawyers did it a disservice #domains

Ultimate decision in case is right, but complainant’s case could have been stronger than it was. It’s no wonder that BidPal, Inc wants the domain name BidPal.com. It has the decidedly inferior domain name BidPalNetwork.com. In October it filed a UDRP against the owner of the domain name. A three member UDRP panel ruled against the complainant, arguing that it did not prove lack of rights/legitimate interests in the domain and that it was registered and used in bad faith. The decision was correct. But in reading the case, it’s clear BidPal’s lawyers didn’t put the company’s best foot forward. The panelists focused on the registration date of the domain (2000) being before BidPal became a registered trademark (applied for in 2006 and granted in 2008). It also wasn’t the complainant that got the trademark; the original applicant later assigned it to BidPal, Inc’s predecessor ...

Full article: http://domainnamewire.com/2012/12/20/bidpal-domain/

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