Two three letter .com domains have been hit with UDRP filings.
Australian fashion accessories company ELK Accessories Pty Ltd. has filed a UDRP case in an effort to get the domain name Elk.com. The company’s web site is elkaccessories.com.au.
Since this seems like such a long shot attempt to snag a three letter domain name (that is also a word), I assumed the whois history for this domain would show that perhaps the company used to own it and it was stolen.
But I can find no such evidence. Although the domain has changed hands multiple times, all of the owners I’ve found since 2001 have been in the United States.
I’ve reached out to both the complainant and respondent for comment.
INW.com was also just hit with a UDRP. In this case I know that no shenanigans are going on with the respondent since the domain is owned by Nat Cohen’s Telepathy.
Cohen is no stranger to finding his valuable three letter domain names under attack. He has successfully defended daf.com, toh.com, and uwe.com in UDRP cases.
krx says
Here we go. If the domain registrant is effectively guilty of bad faith and having no legitimate interest until proven innocent – which I believe is not an unwarranted way to read the ceat.com ruling (at least in cases where complainant has a confusingly similar TM) – then we should expect to see more aggressive efforts by TM holders to use UDRPs to effectively steal high value domains.
Ron says
I think more emphasis has to be put on the consideration of bringing action, if these companies have been around since 70’s 80’90’s, why bring action when the value of these domains has exceeded expectations. Why didn’t they do it back in 2000 etc… That alone should be enough to shut these fraudsters down.
GarotoK says
On the surface it sounds like ELK Accessories Pty Ltd. is a dirty domain thief wannabe.
What a dirty company, IMO. ELK Accessories Pty Ltd. should be ashamed if that is what they are trying to do.
Only a bad, unethical company would do something like this, IMO.
Rich says
andrew@
if the respondent wins the elk.com case,who will pay for his attorney?
Acro says
Unfortunately the Aussie WHOIS system sucks balls and does not show when a domain was registered, only when the WHOIS was updated (11/2011). Since the Elk folk also own the .com, I’d assume the domain elkaccessories.com.au was registered around 2007 as well.
Steve Jones says
I would say that perhaps Reverse Domain Name Hijacking needs to have bigger teeth to it in order to deter attempts like Elk.com, but that wouldn’t matter if panelists wind up awarding those domains to the complainants anyways. The system really needs an overhaul.
Gnanes says
Another attempts at using UDRP system to steal domains.
Chad says
Shame on elk accessories for what they are trying to do. They are actually trying to steal the domain rather than pay for it. If they succeed all the TLD’s would be in jeopardy. This name is so generic there are thousands of companies with the name elk. I think the owner of elk.com should sue the pants of elk accessories.
Dave Zan says
@Rich & @Chad
If you’re thinking the complainant should pay the respondent’s attorney if they lose, (un)fortunately there are no money damages in UDRP. I put (un) before fortunately because it’s likewise arguably fair the respondent pays if the complainant wins instead, kind of like making a “loser pays” system.
It’s up to the respondent if they wish to pursue damages since this is essentially a civil dispute. Actually collecting it might be impractical, though, if the respondent has no “presence” in Australia.