Leggo My Eggo! Kellogg Loses Domain Dispute
Tuesday, March 18th, 2008
Food company Kellogg has lost a battle for the domain Eggo.com.
Kellogg North America Company, which sells frozen waffles under the “Eggo” brand, has lost a domain dispute for the domain Eggo.com.
In its dispute before National Arbitration Forum, Kellogg asserted that the domain name was for sale since it was registered in 2001, probably referring to an Archive.org image of the site that showed the domain for sale at DomainDeluxe. But Kellogg didn’t check its facts and the historical ownership records, as it turns out the current owner bought the domain from DomainDeluxe in 2002 for $1,400.
According to Archive.org, the domain has been used for a real consulting company called eggo since at least the early part of 2003, showing there is no confusion with the Eggo waffle brand and a bona fide use of the domain.
The National Arbitration Panel panelist found that: (1) the disputed domain name
In other words, even though Kellogg has a trademark to the word, the current owner of the domain also has a legitimate use for it and it shouldn’t confuse Kellogg’s customers.
Kellogg’s web site for Eggo waffles is leggomyeggo.com.
If Kellogg wants to win a domain through UDRP, it should look at MyEggo.com. The domain, owned by Edward Hollreiser, currently consists of the message:
“As in let go of my eggo! Personally, I prefer a bagel over a waffle but there is a lot to be said for the Eggo!”
It could also probably score Eggos.com, which is a parked page including ads for waffles.
Tags: Kellogg, National Arbitration Forum, udrp
One would assume that Kellogg did not do their homework or seek needed clarification from the current owner. In my view, there are grounds for reverse domain name hijacking had the respondent requested such a ruling.
Filing a UDRP is too cheap and easy. Many complainants know they have no case … but are hoping to hit the jackpot via a respondent failing to repond. UDRP response should be 60 days, not 20. And sent certified mail at least twice (if needed) to address of record. System stacked against the registrant imo.
What’s the current tally of complainant vs. registrant anyway? For WIPO and NAF.
@ M. Menius - I agree with your sentiment. However, I don’t know that a tally of complainant vs. registrant is a fair number, given the number of clear cut cases (e.g. GoogleAdwords.com).
What worries me lately is the number of disputes against generic three letter domains.
I think I would still prefer to defend a UDRP vs. a Lanham Act federal lawsuit though.
Won’t surprise me if Kellogg takes this to US court; where they’re sure to raise 5-10 “reasons” why they’re entitles to take (steal) this domain from the rightful owners.
Won’t surprise me if Kellogg takes this to US court; where they’re sure to raise 5-10 “reasons” why they’re entitled to take (steal) this domain from the rightful owners.
“Won’t surprise me if Kellogg takes this to US court; where they’re sure to raise 5-10 “reasons” why they’re entitles to take (steal) this domain from the rightful owners.”
Steve,
If Kellogg went that route there are provisions for countersuing.
Clearly the company operating Eggo.com is not infringing Kellogg’s TM.
If Kellogg ever succeeded in wresting the domain away via court order - then watch out!
All hell would break loose in Domainland.
No one would be safe.
Domainer or anyone else.
Patrick
[...] Leggo My Eggo.com!: “Kellogg North America Company, which sells frozen waffles under the “Eggo” brand, has lost a domain dispute for the domain Eggo.com.“ [...]
[...] Leggo My Eggo.com!: “Kellogg North America Company, which sells frozen waffles under the “Eggo” brand, has lost a domain dispute for the domain Eggo.com.“ [...]
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