Company abused policy to try to deprive rightful owner of CountryGirl.com domain name.
LML Investments, owner of Country Girl branded clothing sold at CountryGirlStore.com, has been admonished by a panel for abusing the Uniform Domain Name Dispute Resolution Policy (UDRP).
The company filed a cybersquatting complaint against PA Gordon, owner of CountryGirl.com. The case was filed despite Gordon having owned the domain name since well before LML Investments claims any trademark rights in the “Country Girl” mark.
A three person National Arbitration Forum panel determined that LML Investments did not make even a prima facie case in support of its arguments that Gordon lacked rights and legitimate interests in the domain name. It was also unable to prove he registered the domain in bad faith, given that he registered it before the trademark rights.
The panel wrote:
The Panel finds that Complainant and its counsel have acted inappropriately and in reverse domain name hijacking by initiating this dispute and continuing with it following the delivery of the Response by Respondent. Complainant is attempting to deprive Respondent, the rightful, registered holder of the disputed domain name, of its rights to use the disputed domain name. Complainant and its counsel should have known that they would be unable to prove at least two of the elements needed to prevail. Even a cursory review of the URDP and UDRP decisions would have alerted Complainant and its counsel to the fact that its case was devoid of merit.
LML Investments was represented by Continental Enterprises, an intellectual property firm that claims on its website to “use non-traditional strategies to combat infringers domestically and around the globe to provide effective solutions for seemingly intractable IP problems.”
Gordon isn’t the only person the company has gone after in trying to enforce its “Country Girl” trademark.
Ari Goldberger of ESQwire.com represented the domain name owner.
John Berryhill says
Remember how rare these findings used to be?
What happened?
For the first several years of the UDRP, you could count RDNH decisions on one hand. Now it’s a constant drumbeat.
Why?
(I have a couple of theories, but would like to know what others think)
Nic says
Yes, the copy on their website is self-serving dribble:
“Broad experience in a highly diverse range of industries has sharpened our skills, making our company truly distinctive in the world of intellectual property.”
In other words: we do everything and therefore stand for nothing and that makes us special.
Carl Edgar says
Surely if attempted reverse domain name hijacking carried sanctions (punishment) its incidence would decline radically.
Carl
Dirty Country Boy says
It sounds like CountryGirlStore.com should be named DirtyCountryStoreGirl.com based on this decision.
It sure appears as though they are dirty, lying, thieves. Based on this decision, IMO, nobody should buy their stuff just so Country Girl Store feels the pain from their thuggery and deceit.
Dirty Country Boy says
I meant DirtyCountryGirlStore.com not DirtyCountryStoreGirl.com.
Yikes, they do need a better domain.
Trockeneis says
The lawyer representing the complainant was Jeremiah A. Pastrick of law firm Continental Enterprises, Indiana.
The US Patent and Trademark Office (USPTO) defines a bully as a business that uses its trademark rights to “harass and intimidate” another business.
Mr. Pastrick is currently serving a two-year term as co-chair of the INTA (International Trademark Association) task force on trademark “bullying”. Well there’s a surprise then!
John Berryhill says
Priceless
Trockeneis says
Looking up the USPTO records, Reverse Domain Name Hijacker Jeremiah A Pastrick was the attorney of record when LML Investments, LLC filed their trademark for “Country Girl” with the USPTO in 2007, so would/should have been well aware that the domain name countrygirl.com had already been registered many years prior in 1998, yet waited 7 years before initiating this futile UDRP case.
sbonahoom2014 says
I had never heard of the words reverse hijacking until this decision came out. We got bad advice. We have protected our trademarks very consistently as is our right and our duty as a trademark holder.
jimmy si says
good they deserve to lose for this stupid ass case. what a bunch of losers countrygirlstore.com is they try to bully people in taking down listings on products they dont even own. they say they own the word country girl and cannot be used anywhere good luck with that, a losing battle you will lose every time liars, thieves crooked laywers! COuNTRYGIRLSTORE.com