Panel hands down decision within one week.
IBM has won the first ever Uniform Rapid Suspension case for new top level domain names.
A National Arbitration Forum panelist ruled in the company’s favor in a dispute over IBM.guru and IBM.ventures. Both domain names will be suspended but not transferred to IBM. IBM can opt to register them when they expire or file a UDRP to get the domain names. IBM has belatedly signed up for Donuts’ Domains Protected Marks List, so perhaps when the domains expire they’ll automatically be reserved thanks to the DPML.
The complaint was filed February 5, the case commenced on February 6, and the decision was made on February 12. That’s the “rapid” in Uniform Rapid Suspension.
The decision notes that the person who registered the domain names was presented with a Trademark Claims notice and clicked to acknowledge it during the domain registration process.
Of course, there are legitimate reasons to register a domain that has a trademark. A “gotcha” in this case seems to be that the domain owner forwarded the domains to IBM.com. This shows that he had IBM in mind when registering the domain names.
The winners:
the registry
The registrar (GoDaddy.com)
All lawyers involved
Domains merely suspended…
The TM nightmare has begun …