Company tried to upgrade from .dk to .com.
Domain name attorney John Berryhill has successfully defended domain investor Sahar Sarid’s domain name NTI.com in a UDRP.
The complaint was brought by NTI Cad Center A/S, which uses the Danish country code domain name NTI.dk.
A three-member Czech Arbitration Court panel found that the complainant’s NTI did not have substantial notoriety and that there are lots of companies that use the initials NTI. It also noted there was no evidence that Sarid’s company (Ashanti) had the complainant in mind when it registered the domain name.
Ashanti asked for a finding of reverse domain name hijacking, but the panel said it saw no evidence of harassment or an attempt to mislead the panel.
C.S. Watch says
Complainant ‘NTI Cad Center A/S’ doesn’t have ANY registered trademark, not even a Denmark mark, for mark’s sake?! The WIPO database has almost 700 registration filings which contain ‘NTI.’
This registrant owned the domain for 17 years, during which he, obviously, never contacted this invisible, whispering huddle of glassy-eyed Danish dolts…they file a UDRP out of the blue after 17 years, and that’s not RDNH?
Does this arbitration body posit that fairness under law would allow a registrant to weather a UDRP from 700 mark holders? What is that, at about 7,500 USD in lost productivity and legal fees per filing, times 700…so this arbitration body envisions that their legitimate role is to expose parties to 5,250,000. USD in UDRP dispute costs? What about the penalties under law for those abusive filers—in the US anyway. The Czechs are broadcasting an invitation when they should be issuing a warning.
Envision telling British Telecom or Coca Cola that the law applies to one of their assets in this way. Just 5M USD in potshot harangues, Sirs. If you please.
John Berryhill says
“this invisible, whispering huddle of glassy-eyed Danish dolts”
Now, now, CS, they did give us the troll software…
C.S. Watch says