Frank Schilling wins UDRP for DataServ.com
Monday, October 8th, 2012
Company files UDRP after $20,000 offer rejected.
Frank Schilling’s Name Administration has successfully defended the domain name DataServ.com in a UDRP filed by St. Louis company DataServ, L.L.C.
DataServ made offers of $10,000, $15,000 and finally of $20,000, but couldn’t get Shilling to sell. After that it decided to try its hand at UDRP.
The offer of $20,000 certainly seems to indicate that DataServ knew it had little basis for filing a UDRP. Here’s how Name Administration explained this:
The Respondent did not initiate contact with the Complainant, but responded to contact from the Complainant concerning the disputed domain name. The fact that the Complainant was willing to offer such an amount, rather than to assert its alleged rights and demand transfer, provided the Respondent with the impression that the Complainant must have believed the disputed domain name was legitimately registered and used by the Respondent. The Complainant is not the only party who has contacted the Respondent, who has also received a similar solicitation from Dataserv Group Limited of Middlesex, UK, the holder of the junior European and UK trademark registrations.
DataServ, LLC tried to the make the argument that Name Administration should have been aware of it when it registered the domain and that it couldn’t “turn a blindeye” to trademark registrations. John Berryhill, attorney for Name Administration, pointed out that there were existing trademarks for DataServ when DataServ, LLC was founded.
It’s not wonder DataServ, LLC wants this domain: its current web address is DataServOnDemand.com.