Car Dealer Loses EverybodyRides.com (Again)
Friday, August 14th, 2009
Virginia car deal finds out that nobody is riding.
Virginia car dealer Free Bridge Auto Sales Inc. has lost its challenge for the domain name EverybodyRides.com…for a second time.
In March of this year the company filed a complaint with National Arbitration Forum to get the domain name from its owner. The car dealer convinced the panel that the domain was used in bad faith, but not that it was registered in bad faith. In fact, the complainant admitted to the panel that the respondent may not have known about the car dealer’s trademark. The panel wrote:
However, unless Complainant can also prove bad faith registration, no amount of bad faith use will suffice to support transfer under the Policy.
I draw attention to that quote because the panelists are correct and are repeating the well-known standard that a domain has to be both registered and used in bad faith in order for a complainant to win. This wasn’t the case in another National Arbitration Forum case for OpenDental.com, in which the domain owner registered the domain several years before the complainant even existed.
At any rate, the car dealer lost the first case. For some reason it thought it should try again and filed another case with National Arbitration Forum last month. Perhaps they hoped that what happened with MothersMilk.com would happen — they refiled and apparently no one noticed.
In this case the panelist called B.S. and wouldn’t rehear the case.
Further Reading:
- Ready to Scream? After 14 Years, Guy Loses Screams.com in UDRP
- Peruvian Broadcaster Loses Case for RPP.com
- A First: Complainant Loses Case for .Co Domain Name
Tags: National Arbitration Forum, udrp
Car Dealer Loses EverybodyRides.com (Again) – http://tinyurl.com/nakue2
Reading thru both the original and refiled cases just proves that it’s all a crap shoot whether you win or lose.
[...] Car Dealer Loses EverybodyRides.com (Again) Found 5 hours, 49 minutes ago From: domainnamewire.com [...]
So way did he want this domain name anyway?
Why did he want this domain name anyway?
Because it describes what his business stands for, whether it’s the cars or the financing, especially in the marketing speak. it say’s we sell to whomever, good credit, no credit, bad credit and everything in between. It’s an advertising jingle as well.
This is a business owner that understands what a given term, no matter how long or however many words, can do for his business. Unfortunately for him or her, it is a generic term well known in automotive marketing and the transportation industry, government or private.
Regards,
Henry.
Haha, that makes since Henry but he is probable not some major car dealer that has been saying that line for a 100 years. I wander way the person did not just try to buy it fairly from the other person. Give them some money for there good fine.
I get your point Michael. I don’t think he or she thought it through or did much of any cost/benefit analysis about the choice of action taken.
Either way, if he or she wants it bad enough, he or she will have to pay for it if a competitor doesn’t buy it first.
You might want to update your records, because this car Dealer did win his case.
IE: type in everybodyrides.com .biz .net .org .info .us and they will all come up to everybodyrides.com
He has not listed everything, for starters he was in Trademark Violation, and was cyber squatting, secondly he ignored my client taking him to court, Third we were asked to refile and when we refiled and before they came out with a verdict he folded and asked us if the $2500 offer is still on the table, now to get this resolved we offered him $5000 and also made him walk away, then we let the forum know and then that is why they made that second ruling because everything was squashed and no need to waste time on ruling.
to the above comments, yeah the forum is a crap shoot but that is what icann makes you dispute trademark violations with before you goto federal court.