Company failed to renew DownPat.com name before product launch.
Australian company iCommand Ltd is getting ready to launch a new product under the name “Downpat”. Unfortunately, it doesn’t have its domain name management practices down pat.
The company bought the domain name DownPat.com for $3,000 in preparation for launching its service. Then it forgot to pay the renewal fee and the domain expired this year. That’s when domain name investor ArtWired, Inc bought the domain on GoDaddy auctions for $861. (By the way, both $3,000 and $861 are excellent deals for this domain.)
iCommand tried to buy the domain in advance of launch when it realized it no longer owned it. It filed a UDRP when it was unsuccessful.
The UDRP didn’t even get past the first prong of a Complaint; iCommand admitted it hasn’t used the Downpat trademark in the course of trade yet.
Two of the panelists—Clive Elliott and the infamous “retroactive bad faith” Andrew Christie—decided not to consider rights or legitimate interests and bad faith. Panelist Neil Brown took the time to address the final two elements and found that the case failed on all three.
Howard Neu represented the domain name owner.