I don’t follow the panelists logic in this UDRP.
If I told you about the domain name BBB.cc, what would come to mind?
If you’re in the U.S., it would undoubtedly be the Better Business Bureau. If you were a domain trader or in China, it would probably be a three-letter repeating domain name.
Not according to a World Intellectual Property Organization panelist, though. To panelist Kimberley Chen Nobles, it’s clear that BBB brings up the BBB cycling gear made by Augusta Benelux B.V.
In a UDRP filed against someone in China, Nobles wrote:
The disputed domain name is identical to the Complainant’s extensively used and well-known trademark and the Respondent must be aware that Internet users would be led to believe that the disputed domain name and any resolving website would be owned, controlled, established or otherwise associated with the Complainant and its cycling goods. See AXA S.A. v. P.A. van der Wees, supra. This is particularly so given that the “.cc” TLD has become a favored TLD for cycling clubs. Moreover, the Respondent’s holding of the disputed domain name prevents the Complainant from reflecting its mark in the same domain name. The Respondent has made no efforts in more than thirteen years to use the disputed domain name in connection with a bona fide offering of goods or services or to make noncommercial fair use of the disputed domain name. Additionally, the Respondent’s asking price for the disputed domain name was more than EUR 30,000, well in excess of the Respondent’s costs in registering the disputed domain name. This is further indication of bad faith.
That first sentence is quite a stretch.
And .CC is popular for cycling clubs? I learn something new every day.
My bet is that The Chinese registrant registered this domain because it’s three repeating characters. There’s not mention in the case that it resolved to a parked page with ads for bicycles.
I’ll give the panelist a little bit of relief since the domain owner didn’t respond, but the decision doesn’t make sense to me.
AbdulBasit.com says
Crappy decision. Domainer owner must have responded as that increases the chance of winning rather than leaving it completely on sole panelist.
Peter kuipers says
I am in the Netherlands and was not thing about Augusta but more at the better Business Bureau.
We it’s decision, of the panelist.
Peter says
Just terrible decision and stupid logic.
It made me think of the British BBC at first, even though it does not match and I’m in the USA, so we all have different ideas at first glance.
Acro says
The Dutch company does not own BBB .nl to begin with, but they do own several domains that begin with “BBB”.
Chinese investors are often victims of language barrier and lose UDRP cases they don’t respond to; however, the onus of proving their points is on the Complainant.
You are correct about the Respondent’s domain registration patterns (owns a few of those).
John Colascione says
Today that is exactly what BBB stands for. I would not have thought of Augusta Benelux B.V. or even Cycling Clubs in a million years. “Respondent must be aware” – Yea, right.
KoolBranding says
The problem with the whole UDRP arbitration is that there seems to be no recourse and such crazy decisions are final. There should be pressure from domain investors for the institution of some sort of an appeal process where the respondent can have a proper representation in such cases. They should NOT be allowed to casually STEAL valuable domains just because the respondent did not defend it (he could have a good reason) or maybe it could’ve been the language barrier. Either he should not lose his domain based on the lunatic justification given by this single wild panelist.
udrpjokesonus says
Idiot decision via a kangaroo arbitration system. Take it to a real court and sue the arbi”traitor” as well as the complainant for hard$$$$$$. .
John says
I doubt it is humanly possible to be in a position like that and be that stupid, so it would seem the panelist may just be a sociopath.
Josh says
I recall several years ago, maybe 12? Maybe more, defended a name the BBB tried to make a move on, these guys are brutal, even on 2 B’s!
Aline Carriere (@UpStartNames) says
So, .cc “has become” a favored TLD of cycling clubs and the owner registered the domain 13 years ago because he knew this. That’s not bad faith, that’s some sort of psychic phenomenon.
Why is this woman even a panelist? It sounds like she cut and paste from the Complainant’s brief. Only in the Complainant’s isolated world does that excerpt make sense. The worst part is that this becomes precedent.