Marathon Savings Bank lost a UDRP for MarathonBank.com, so it’s trying a federal lawsuit instead.
Marathon Savings Bank, located in Wisconsin, has sued (pdf) Affordable Webhosting, Inc. for cybersquatting after losing a UDRP to get the domain name MarathonBank.com. The bank uses the domain name MarathonSavingsBank.com.
It filed a UDRP against Affordable Webhosting on September 27. A single-member WIPO panel determined that the bank “has not proved by a preponderance of evidence” that the domain was registered in bad faith.
After the UDRP decision, Marathon says that the defendant forwarded the domain to a website that featured Donald Trump’s tweets.
Marathon sent a cease & desist letter to Affordable Webhosting on January 26, 2018. At that point, the company decided to forward the domain name to the WIPO UDRP decision in the case.
The bank says “Such actions were clearly intended to annoy and harass Marathon”.
That’s an interesting claim to make given the result of the UDRP.
It’s worth noting that federal lawsuits are different from UDRP and the bank will have the opportunity to depose the domain owner.
I haven’t read the UDRP, but seems like a lot of time and money being wasted, when they should have just bought it.
lol Just read it now . $5000 offer, $375K counter, plan B UDRP .
Maybe instead of lawyers, they should have hired a broker .
Forwarding the domain to the WIPO UDRP decision seems like a perfect use for the domains. Warns people that a bank was attempting domain theft.
Forwarding the domain to the UDRP decision is a ‘fair use’ I’d imagine. Hopefully, Andrew will follow the case and update us when a decision is handed down…
They are lucky its not in Ricks “HALL OF SHAME” that would be hillarious if it was there and fowarded there
I think it would be even sweeter should they lose the UDRP and a lawsuit having that name forwarded to both cases! Clearly retaining and getting new business is not worth more than $5k to them, the only word I can come up with for the person making the decisions at this bank is stupid.
In what world is it reasonable to ask for £375k for a name like this. $5000 was a decent offer.
A world where that bank probably makes $5000 on one new car loan
What the bank makes isn’t very relevant. It just isn’t a valuable string. Marathonbank.co.uk for example is unregistered.
In negotiations, you always try to reach a scenario favorable to all parties. Obviously, circumstances can tilt the scales towards one party —
But I don’t see any winners in this case.
How many other potential buyers of the domain MarathonBank.com, unless the owner decides to launch a site (loans, game, crypto, etc)?
Bank makes an offer of 5 K
Owner counters with 375 K
Bank opts for UDRP – loses
Now, a lawsuit and the time spent for depositions.
My guess — the owner was expecting a counter offer to the 375 K, which didn’t occur. I didn’t read the suit, so I could be wrong.
Andrew Allemann says
I’d say the lawsuit is a bad turn of events for the domain owner.
if the owner doesn’t appear for the case/deposition, the bank will win a judgement by default.
Update: the bank dropped the case shortly after filing it and now owns the domain, so it looks like the parties settled