Panel points out the perils of descriptive marks.
Marchex has successfully defended a UDRP case brought against its domain name Walkaway.com with the help of domain name attorney John Berryhill.
Complainant Walkaway Canada Incorporated is the company behind the Hyundai Assurance program. The program allowed new car buyers the opportunity to return their car and walk away from the loan in the event of a certain life event such as a job loss. It was offered during the depths of the recession when people were scared to buy cars because they might lose their job.
Marchex argued that the pay-per-click page at Walkaway.com included topics related to the descriptive nature of the term, such as to walk away from a home mortgage.
The panel agreed, writing:
Even if it is true that the ads in Respondent’s website are related to Complainant’s services, that is a problem of Complainant’s making. Having selected a descriptive term as its mark, Complainant must suffer the consequences, including the fair descriptive use of its mark by other parties.
Walkaway’s domain name is WalkawayProtection.com.
“Having selected a descriptive term as its mark, Complainant must suffer the consequences, including the fair descriptive use of its mark by other parties.”
Give this man an award, common sense prevails.
John Berryhill says
Now if only I can get U2’s “I Will Follow” out of my head…