Man bought domain names for his lottery business but lost a UDRP to the soccer apparel company Lotto.
A Canadian man has filed a lawsuit (pdf) to block the transfer of LottoStore.com and LottoWorks.com, which WIPO recently ordered to be transferred to soccer apparel company Lotto Sport Italia in a UDRP.
Based on my reading of the lawsuit, it appears that a) the UDRP was not well defended and b) the Canadian man probably isn’t cybersquatting.
Plaintiff David Dent is a majority owner of Trimark Ltd., a Gibraltar company in the lottery business. He acquired lottostore.com in September 2016 for $4820 and then purchased
lottoworks.com in December 2016 for $6500, according to the suit.
So he owns a lottery company and paid end user prices to acquire two lotto related domain names late last year. Very shortly after acquiring the last one, he got hit with a UDRP from the soccer apparel company.
Yet the UDRP response, filed by lawyer Steven Rinehart, apparently obfuscated when Dent actually acquired the domain names, merely noting that one of them was registered in 1998. The panel felt misled since the domains were just recently acquired.
A more plausible defense, in my opinion, would be to point out that the domain names were just recently acquired by a lotto company and that the short ownership period is why the domains haven’t been developed yet.
Dent is asking the court for a finding of reverse domain name hijacking, tortious interference with a contract and is asking for declaratory relief under the Lanham Act. Lotto Sport will have to defend itself in Arizona District Court, where registrar GoDaddy is located.