Comments on: Peaches Uniforms Wants a Bite Out Of Peaches.com

By: I found my thrill

I found my thrill — Fri, 13 Feb 2009 22:46:07 +0000

I second the motion on where is the Chillibeans.com lawsuite. Should not be a secret.

Peaches = DESIRABLE WOMEN
(not all women I suggest only 7 – 9% are peaches. IF YOU KNOW WHAT I MEAN
read the decision.

It is a good thing that the women were not ugly (and I am here to tell you) otherwise the use would not have been suggested by the generic meaning = no bonified use = you lose your domain after 10 years of no complaint.

By: Andrew Allemann

Andrew Allemann — Wed, 11 Feb 2009 03:22:24 +0000

@ John – haven’t located a lawsuit related to ChiliBeans…feel free to point me in the right direction

By: John Berryhill

John Berryhill — Wed, 11 Feb 2009 02:47:34 +0000

“If Peaches.com loses this generic name (as Frank did with ChiliBeans.com)”

Umm… not so fast there. Chillibeans.com is subject to follow-up litigation, and is far from “lost”.

By: Domain Name Wire » News » Peaches.com Successfully Defended - The Domain Industry's News Source

Wed, 11 Feb 2009 02:20:35 +0000

[...] 24-7 Outdoors Inc. has successfully defended its domain name Peaches.com. Domain Name Wire first wrote about this case in December. The complainant, Peaches Uniforms, sells style-conscious scrubs and [...]

By: Andrew

Andrew — Fri, 02 Jan 2009 16:50:54 +0000

@ David – I have not seen the actual filing as the respondent would not comment.

By: Andrew

Andrew — Fri, 02 Jan 2009 16:50:30 +0000

@ Matt – thanks for being picky

My guess is in the UDRP Peaches Uniforms claims common law trademark rights back to its founding in 1987. But they will have to prove that the owner of Peaches.com should have known about the trademark. That will be tough.

By: Andrew

Andrew — Fri, 02 Jan 2009 16:49:03 +0000

@ David & WQ -

I agree with both of you. The domain name shouldn’t be taken away, as there’s no way this was registered in bad faith. There are many company’s that own trademarks to the term peaches, too.

But the domain DID show a lot of medical uniform ads, which is precisely why Peaches Uniforms has *ANY* claim here. If those ads wouldn’t have shown up, Peaches Uniforms would have not shot at the domain.

Any self-respecting UDRP panel wouldn’t find in Peaches Uniforms’ favor. But the only reason they’ll have to look at the case is because of the links.