Seller of Stages exercise bikes abused UDRP in effort to get Stages.com domain name.
Portland, Oregon company Foundation Fitness engaged in reverse domain name hijacking for the domain name Stages.com, a World Intellectual Property Organization panel has ruled.
The company sells stationary exercise bikes under the brand Stages Cycling.
In this case, the registrant of the domain name bought it in the aftermarket in 2014. This was after trademarks were issued to the complainant. Still, the panel determined this was an attempt to get a dictionary word domain name from a rightful owner.
In finding reverse domain name hijacking, the three person UDRP panel cited three reasons:
– the Complainant produced no evidence that it had attempted to contact the Respondent and negotiate a resolution of the matter prior to initiating the proceeding;
– the Disputed Domain Name consists of a common, descriptive English word; and
– the Complainant knew that Respondent had registered other domain names of which an overwhelming majority consist of common and/or descriptive words and phrases together with the generic Top Level Domain names.
In fact, the complainant submitted an $800 offer in an attempt to acquire the domain name. The domain name owner wrote back, requesting a six figure offer. This sounds like a classic “Plan B” RDNH.
Jason Schaeffer of ESQwire.com represented the domain name owner, adding yet another RDNH victory to a growing list. The complainant was represented by Dorsey & Whitney, LLP.