Funny: UDRP complainant says registration in bad faith is “not applicable”
Wednesday, December 19th, 2012
Software company files UDRP and says registration in bad faith was “not applicable” to the case.
Just when you thought you’d seen it all…
Swiss digital publishing software company BlankPage AG has lost a UDRP decision for the domain name keetab.com. Keetab is the name of one of its software products, which appears to have been launched this year.
So its UDRP against a domain name registered in 2004 was dead on arrival.
But you won’t believe what the company said for the third prong of UDRP (that the domain was registered and used in bad faith): it merely wrote that this was “not applicable”:
One of the starkest illustrations of a deficiency was the section of the Complaint dealing with this, the third element to be proved, namely that the Domain Name was registered and is being used in bad faith. On this topic the Complaint simply read “Not applicable”.
BlankPage AG was represented internally. Whomever filed the UDRP for the company apparently didn’t read the policy very well.
Only after BlankPage was notified of the deficiency did it muster up a weak response:
The website, shown under the domain keetab.com showed a parking site which had links on it which lead to confusing websites, disturbing the meaning and image of our registered trademark. This advertisement website now already has been removed by the registrar.
The current owner does not use the domain name for a meaningful purpose. The website under the domain does not show any content.
Customers of BlankPage AG, searching for the product and trademark KEETAB are only finding an empty page, which leads to confusion.
When contacted about those issues, the respondent failed to reply to any of BlankPage AG several contact attempts and complaints.