Company fails to get generic PeaceandLove.com domain name.
GS Enterprises LLC has failed in an attempt to get the generic domain name PeaceAndLove.com through UDRP. But the panelist’s line of thinking, and failure to consider reverse domain name hijacking, is troubling.
Thierry Ehrmann registered the domain name all the way back in 1997, and GS Enterprises’ trademark for “Peace & Love” wasn’t registered by the U.S. Patent and Trademark Office until 2007.
It’s unclear if the respondent pointed out that the trademark isn’t actually for “Peace & Love”, but is instead a graphic that includes the words “Peace & Love”, as seen below:
Panelist Todd Dickinson found that the domain name was confusingly similar to Peace & Love, which is unsurprising if he was not made aware that this was a design patent as opposed to just the words.
Next, Dickinson found that Ehrmann didn’t have rights or legitimate interests in the domain name because he hadn’t used it yet. Note that he didn’t park the domain. He did find that the domain name wasn’t registered and used in bad faith, but decided to take a parting show at Ehrmann again for not using the domain after all this time:
“while troubled again by the length of time that the passive holding has occurred”
I don’t know why that’s relevant given that the domain wasn’t registered initially in bad faith.
But here’s the kicker: despite Ehrmann asking for a finding of reverse domain name hijacking, panelist Dickinson didn’t even consider it. It’s fair for the panelist to decide it’s not reverse domain name hijacking, but to ignore the topic completely is unacceptable.
David J Castello says
I have to agree with you here, Andrew.
IMO, going after a plainly generic word or phrase should be automatically considered Reverse Name Hijacking unless the domain owner puts something up that shows they are obviously trying to profit from the Complainant’s trademark or business.
Barry Lebovitz says
The problem is, companies that use UDRP all the time would lose out from reverse-hijacking. That is their bread and butter.
Panelists don’t care about pleasing domainers. They want to keep their wallets filled so they rarely ever find reverse-hijacking.
It’s funny to me, that “free credit report” can be a TM, and no longer considered generic. KAYAK is a TM, did anyone ever think to themselves first, “hey these companies aren’t very original to begin with, so why are we giving them every variation of a word they never conceived of.”
NO ONE asked that question, because it is arbitrary to them. They see ONLY $$$. Well, they say “it is preposterous what squatters do, they should be punished.”
But it is NOT the panels right, nor it is anyones RIGHT. There is NO LAW. It is USA bullshit. So if you live in the USA. Just leave, and you are free to fuck with these bullshit companies.
Notice how more and more UDRPs are not big companies. They got all their typos, they don’t care anymore. Now the flood of UDRPs for generics is rising. Sure there is some legit filings, but the non-legit scumbags that try to steal should be more than slapped on the wrist. There should be an equal fine of $100k that we should be able to sue them for.
It’s okay for them to sue us in the cyber-protection act right? I have spoken to Michael @ udrp about this, and he beats around the bush. Saying it is a fair process. There is no appeal process, the system is designed to be stacked AGAINST the domainers.
barefoot says
I wonder what Ringo Starr would have to say about this decision. He’s been saying “Peace and Love” for years. It’s almost as though it’s become his catch-phrase.
Chirag says
I don’t know why that’s relevant given that the domain wasn’t registered initially in bad faith.