China ready, but not ready for a UDRP.
Domain name investor Warren Weitzman has successfully defended his domain name ChinaReady.com, and the panel found complainant China Ready and Accredited Pty Ltd to have engaged in reverse domain name hijacking by bringing the case.
The complainant uses the lengthy domain name chinareadyandaccredited.com.
It claimed first use of the “China Ready” mark dating to 2012. But Weitzman registered ChinaReady.com back in 2006. See the problem for the complainant? If so, you’re one step ahead of the complainant’s lawyer.
Weitzman parked the domain name, which showed advertising links related to the descriptive nature of “China ready”. The three-person panel wrote:
In this case, the Panel considers that the Disputed Domain Name consists of the common phrase “China Ready” and the pay-per-click links come within at least a generally understood meaning of the phrase i.e. “ready for China”. Considering this against the background of the Respondent’s apparent business in advertising and domain monetizing services for others using numerous domain names over the years, and that there is no evidence of the Respondent intentionally targeting the Complainant and/or its business in using the Disputed Domain Name, the Panel considers the Respondent has rights or legitimate interests in the Disputed Domain Name.
In finding that China Ready and Accredited Pty brought the case in bad faith, the panel noted that it was impossible that Weitzman targeted the complainant given that he registered the domain name before the complainant existed.
Weitzman was represented by Greenberg & Lieberman, LLC. The complainant was represented by Axis Legal (Australia) Pty Limited.