The Biggest Loser: Taco Bell Loses Case for DriveThroughDiet.com Domain
Monday, January 18th, 2010
Taco Bell fails to get key domain name, then spreads hot sauce over the facts.
Taco Bell kicked off the new year with an unusual ad campaign for the Drive-Thru Diet. The campaign suggests that you can actually lose weight by selecting certain items off the Taco Bell menu.
Taco Bell smartly acquired the domain name DriveThruDiet.com prior to launching the campaign. But it didn’t acquire the correctly spelled domain name DriveThroughDiet.com, which is owned by Nelson Wellness & Therapy Center of Savannah, Georgia, a weight loss center. Taco Bell’s parent company Yum! Brands filed for arbitration at National Arbitration Forum to get the domain name.
But like a Burrito Supreme, the case left a bad taste in the arbitrator’s mouth.
To make the case that it should get the domain name, Taco Bell argued (in the panelist’s words):
Complainant has obtained in 2006 a trademark registration for the mark DRIVE-THRU DIET in connection with restaurant and carry-out restaurant services and alleges that it had been continuously using and promoting it since 2004.
Really? I don’t recall seeing ads for the Drive-Thru diet until just recently.
If you do a little digging, you’ll see that Taco Bell wasn’t exactly forthcoming. It was actually a company called Natural Selections and its owner that filed a trademark application on the term in 2004 that was granted in 2006. It wasn’t until 2009 that Taco Bell acquired the trademark from the previous owner in anticipation of its new ad campaign. In fact, as late as December 2009 DriveThruDiet.com showed merely a “coming soon” page. Respondent Nelson Wellness & Therapy Center registered DriveThroughDiet.com in 2007.
Panelist Hector A. Manoff denied Taco Bell’s request.
Further Reading:
- Top 5 Domain Name Wire Stories of January 2010
- French Fashion House Loses Case for Guy’s Nickname Domain Name
- Dow Jones Loses Marketwatch.net Domain Name Case
Tags: taco bell, udrp, yum brands
I was wondering about this, DriveThroughDiet.com is getting so much traffic! And godaddy is cashing in on those ads…
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Saw the ad on TV last night, domain name and all, and was very surprised to see that the domain doesn’t resolve… Someone has messed up big time.
Taco Bell is disgusting – literally and figuratively.
Quote -
“Domain Investor
Taco Bell is disgusting – literally and figuratively.”
Please pick a different screen name. I’m using this one.
Gosh……the reverse domain name hijacking is still going strong.
Taco Bell should be ashamed of acting like an upset child and trying to steal a domain name from a small businsess like this.
Ugh.
“Drive Thru Diet”?
Sure. Sounds about as believable as “Lose Weight While You Sleep.”
@ Steve – you should see the number of disclaimers on their commercial. I think Taco Bell wants to avoid the mistakes Subway made with its Jared campaign.
[...] http://domainnamewire.com/2010/01/18/the-biggest-loser-taco-bell-loses-case-for-drivethroughdiet-com... [...]
[...] Brands, the parent company of Taco Bell, filed a UDRP Bad Faith action to acquire the Georgia weight loss center’s domain [...]
[...] Arbitration panel denied Yum!’s request to transfer drivethroughdiet.com based on 3 factors: 1) Drivethrudiet.com was under construction until December 21, 2009; 2) Yum! did not provide evidence of using their mark prior; 3) DRIVE-THRU DIET was assigned to Taco Bell in October 2008, and there was no evidence the Georgia weight loss center had registered and used their domain in bad faith.http://domainnamewire.com/2010/01/18/the-biggest-loser-taco-bell-loses-case-for-drivethroughdiet-com... [...]