Schilling wins another UDRP.
Fresh off a legal victory stemming from a previous UDRP, Frank Schilling’s Name Administration has another UDRP victory to add to its collection.
The company, with the help of domain name attorney John Berryhill, successfully defended a case brought by Halo Innovations, Inc. Halo Innovations has a product called SleepSack and brought the case over the SleepSack.com domain name. However, Name Administration was using the domain name in a generic context for camping gear and sleeping bags.
Berryhill pointed out the struggle Halo has undertaken with regards to the trademark, including challenges from other companies with products and marks related to “sleep sack”. Halo didn’t actually get the mark registered until well after the SleepSack.com domain was registered, and for very limited goods.
Halo said that Name Administration responded to a $5,000 offer made by Halo through GoDaddy’s domain buy service with a $18,000 counter offer, but Name Administration denies ever making such a counter offer. It alleged that it was probably GoDaddy responding with a higher price.
In the end, the panel found that Name Administration did have rights or legitimate interests ini the domain name and did not register it in bad faith.