Schilling wins another UDRP.
Fresh off a legal victory stemming from a previous UDRP, Frank Schilling’s Name Administration has another UDRP victory to add to its collection.
The company, with the help of domain name attorney John Berryhill, successfully defended a case brought by Halo Innovations, Inc. Halo Innovations has a product called SleepSack and brought the case over the SleepSack.com domain name. However, Name Administration was using the domain name in a generic context for camping gear and sleeping bags.
Berryhill pointed out the struggle Halo has undertaken with regards to the trademark, including challenges from other companies with products and marks related to “sleep sack”. Halo didn’t actually get the mark registered until well after the SleepSack.com domain was registered, and for very limited goods.
Halo said that Name Administration responded to a $5,000 offer made by Halo through GoDaddy’s domain buy service with a $18,000 counter offer, but Name Administration denies ever making such a counter offer. It alleged that it was probably GoDaddy responding with a higher price.
In the end, the panel found that Name Administration did have rights or legitimate interests ini the domain name and did not register it in bad faith.
owen frager says
If I were ever challenged I’d want John Berryhill on my side.
But it occurred to me that when you are in the right as Frank painstakingly hand registered each domain to assure that he was, when the UDRP comes it’s not cause for fear, but cause for celebration because its the best sales closing tool anyone with the only existing solution in the world, for multiple prospects can ask for.
Deke says
Another one bites the dust!
Landon White says
Highest Praise – –
A FORMULA IS FORTH EVOLVING ?
Schilling and Berryhill are quite becoming the peoples champion’s,
are they perhaps the prototype arbitration model, domainers have been looking for,
in that …
If the UDRP panelists and the In-Staffers are the “legal Amateurs” they have proven them selves to be … THEN
they are proven to hav eclay feet when a arbitration complaint is properly and professional presented with a reasonable man approach and hard facts as these cases ALL have been, then there just can not be any DUMB conclusions rendered.
[FOOTNOTE: subversion of history case truth’s or the whimsical diversion of facts, as most UDRP complaint hearings routinely are]
NOTHING LIKE A PRO!