Company with descriptive domain name tries to get the singular version of the name through UDRP.
Mimic Skateboards Inc., a skateboard seller that uses the domain name CustomSkateboards.com, has lost a UDRP it filed against the domain name CustomSkateboard.com (singular). The World Intellectual Property Organization panelist did not find reverse domain name hijacking, however.
The domain name is owned by Point Distribution, another company that sells custom skateboards.
Panelist Scott Blackmer included a lengthy discussion of facts in the case, including how the Complainant is trying to get trademarks for CustomSkateboards.com. One of the applications is for a stylized mark and states that “No claim is made to the exclusive right to use ‘CUSTOMSKATEBOARDS.COM’ apart from the mark as shown.”
Given the facts and descriptive nature of the domain name, I’m surprised that Blackmer did not find reverse domain name hijacking after considering it. He merely denied the claim because the domain wasn’t registered and used in bad faith.
Lewis & Lin represented Mimic Skateboards. The firm is well versed in domain name law and UDRP, and I’m surprised it filed this case.