Local restaurant food delivery service wants a big prize: Takeout.com.
Oh, I can’t wait to see the result of this UDRP!
A North Carolina company that delivers food from local and chain restaurants has filed a UDRP for the domain name Takeout.com.
The complaint was officially filed by Tarheel Take-Out, LLC, which runs the web site TarheelTakeout.com. According to the founder’s LinkedIn profile, he also owns RaleighTakeout.com.
Takeout.com was originally registered in 1998. The current owner, Connecticut company Versimedia, Inc., has owned the domain name since at least 2004, according to historical whois records.
For the past couple years the domain name has forwarded to pages on Amazon.com.
Spinning the UDRP roulette wheel. For 1,500$, why not?
Brad Mugford says
Yes, because Takeout.com is confusingly similar to some company no one has ever heard of.
Not to mention the complainant is using Takeout for the generic usage as well.
This will only get worse as time goes on.
$1,500 lottery ticket with no penalties.
John Berryhill says
Wes Garrison, the owner of Tarheel Take Out LLC, has to be one of the most profoundly stupid people on the face of the planet.
The current registrant of the domain name has held it since at least 2004, according to the WHOIS history.
This idiot Garrison filed for federal registration in March 2010 for “Takeout.com”, even though it is not his domain name, and claiming first use in March 2010. In fact, Tarheel Take-Out LLC did not even exist until its formation in 2006, nevermind his perjured application declaration to have been using that as a mark.
His US TM registration application was refused as merely descriptive and amended to the Supplemental Register. The action refusing his application stated:
“Here, the terms at issue are merely descriptive because they immediately convey to prospective consumers the very character of applicants’ services, this being that applicant provides takeout services as well as services related to food takeout. In addition, and as noted above, the top-level domain (TLD) “.com” merely indicates an Internet address for use by commercial, for-profit organizations and, in general, adds no source identifying significance.”
In fact, the idiot attorney who filed the application had initially disclaimed the word “takeout” from the mark.
This has got to be one of the most facially boneheaded claims to come down the pike in some time.
And yet, the very worst that can happen …they won’t get the name.
Karen Bernstein says
rdnh is a joke Let’s see if a response is filed.
Andrew Allemann says
Incidentally, the phone # on whois for the current registrant goes to a fax machine. I tried emailing for a copy of the complaint but have not heard back.
Berryhill quote –
“This has got to be one of the most facially boneheaded claims to come down the pike in some time.”
John, the claims are so far outside of reality which means the complainant could win.
Unfortunately, the respondent has to pay his own legal fees. I sure hope he responds.
Andrew – Did you send a fax to retain journalistic integrity? 😀
Andrew Allemann says
@ Acro – eh, I figured email would be good enough 🙂
Aussie Domainer says
Yes, glad to hear this… Recently I noticed the domain name “Aussie.com” is clearly and blatantly infringing on my “AussieDomainer.com” website.. Might have to look into a UDRP and see what they can do for me.
“Unfortunately, the respondent has to pay his own legal fees. I sure hope he responds.” Now imagine if this was file in court and not arbitration. What do you think the costs then would be?