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Xtream .com hit with UDRP after domain name auction

UDRP filed shortly after auction concluded.

Blue image with the letters UDRP

The domain name Xtream.com sold for $26,000 in last week’s live domain name auction at NamesCon, and the buyer might have a headache on their hands.

Someone filed a UDRP against the domain name yesterday. It was filed at National Arbitration Forum, which does not disclose the Complainant until the case is decided.

The timing suggests that the Complainant might be a losing bidder in the auction or someone who became aware of it after the fact. The domain doesn’t appear to have transferred to the new buyer yet, so the Respondent will probably be the seller.

Many companies use Xtream, X-tream, or Xtreme as short hand for “extreme”. Most seem to use the spelling Xtreme.

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  1. David says

    Yes, I see a trademark for xtream filed in 2017 and registered 03/2019. It was filed by Mediacom Communications Corp with a first use date of 2018.

    You would think the buyer would know that even though the original registration date predates the tm, the change of ownership could mean trouble.

  2. Ravi says

    It is like they know about auction and waited for it to be completed…and then jumped into UDRP!

    I think someone closely related to domain industry apart from registrant,,,

    sellers bad luck I guess…

  3. Brad says

    I think the fact the domain registration predates the trademark clearly establishes that “bad faith” isn’t an issue.

    Then depending on the category of the trademark and which state the domain owner is in, certain states, if the new owner isn’t engaged in the exact same business, it will hold that the original registration is still valid for a new owner and “bad faith” isn’t an issue.

  4. Snoopy says

    I wonder if a TM holder had been marketed to regarding the auction. The final price seemed strange to me, surely there was at least one company called that bidding?

  5. patrick says

    In Canada the trademark law allows for the use of even famous trademarks as long as they are not the same type of business, such was the case with Barbie’s restaurant ( Mattel) veuve Clicquot lingerie (champagne)
    I think it should be up to the final use of the actual domain. I have a set domains that have at least 2500 results in the USPTO but all for different g&s I have endings on this word such as rx tx dtx therapeutics etc as there are no uses in this field making it it’s own brand,that said the buyer may also have a different use in mind then the complainant.

  6. patrick says

    On the udrp Link it shows 46 trademarks using this term so I think the buyer should have a good case for defence if it is not in the complainant’s line of business.

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