Frank Schilling settles disagreement over ChilliBeans.com.
In 2008 Name Administration (Frank Schilling’s company) lost a UDRP for the generic domain name ChilliBeans.com. It was the company’s first loss in a UDRP case, and it then sued complainant Balglow Finance in order to retain the domain name.
The two parties have settled the case. Name Administration provided the following statement to Domain Name Wire:
Name Administration Inc. (“NAI”) and Balglow Finance SA (“Balglow Finance”) are pleased to announce that they have come to a mutually beneficial agreement in regard to the domain name ChilliBeans.com and the settlement of the law-suit filed by NAI in the Cayman Islands concerning the domain name. Both parties have agreed that NAI’s use of the generic Chillibeans.com domain name violated no enforceable rights of Balglow Finance. The settlement of this dispute will see NAI transfer title of this generic name to Balglow Finance to assist it in its online efforts relating to Balglow Finance’s expansion of the “Chilli Beansâ€ brand of eyewear.
“While it’s unfortunate that this dispute necessitated a trip to the Cayman Court, we are most pleased to have resolved the matter in such a mutually beneficial wayâ€, said Frank Schilling, Managing Director for NAI. He continued, “NAI’s only interest in the domain name was as a generic term. Now that it’s been settled that NAI’s registration and use of the domain name violated no rights of Balglow Finance we are pleased to facilitate the transfer, as the domain name is beneficial in advancing the business of Balglow Fianance, and while very valuable, has less long term value to our company than Baglow Finance.â€
Schilling added some commentary on IP rights and his domain portfolio:
We’re never looking to pick fights over IP rights and have really tried hard to do the right things in the domain name business, for a very very long time, but we’ve won 17 UDRPs. That should say a lot. Large companies often want what you have and don’t want to pay for it. They try to vilify you for making money with generic domain names, and the UDRP has created an unholy intimation that holding a generic name for profit is somehow bad. Well it isn’t! Everybody owns something – and when people challenge our generic IP rights we will spend whatever it takes to make our point that anyone is free to register a generic name on a first-come first served basis.