Company can keep domain acquired with UltSearch portfolio, panel rules.
Marchex has successfully defended the domain name EuroBaby.com in a URDP proceeding brought by an Irish company.
Eurocycles & Eurobaby and Eurotrek Group Limited of Dublin, Ireland sell bikes and strollers. One of its brands, EuroBaby, sells strollers, car seats, baby furniture, and other baby goods.
Its site for EuroBaby is EuroBabyNursery.com, so it’s no wonder it wants the better EuroBaby.com domain.
It just doesn’t want to pay for it.
Yet, as John Berryhill pointed out on behalf of Marchex, the complainant didn’t show it had any sort of registered or common law rights in the name EuroBaby back when Marchex acquired the domain in its 2004 acquisition of UltSearch.
Although the complainant claimed common law rights, a mere claim isn’t enough.
I own a handful of “city”baby.com domain names, so it would have been great if the case had focused somewhat on the descriptive nature of the domain. It just wasn’t necessary in this case.
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