Organization filed a cybersquatting claim after first trying to buy domain name.
A nonprofit organization supporting people and businesses in Seattle’s U District, adjacent to the University of Washington, has been found guilty of reverse domain name hijacking (pdf).
U District Advocates, which uses the domain name UDistrict.org, filed the dispute against UDistrict.com.
Synergy Technologies, LLC acquired UDistrict.com in 2008, before U District Advocates existed. This made the case dead on arrival, as it was impossible that Synergy acquired the domain to target the non-existent nonprofit.
Even if Synergy had acquired the domain later, U District Advocates would have had an uphill battle showing that the domain was registered to target it. While the Complainant has a trademark for U District, it is limited to “Charitable services, namely, organizing and conducting volunteer programs and community service projects.” U District is a common term for the neighborhood around the University of Washington’s campus.
The three-person World Intellectual Property Organization panel wrote:
Here, the fact that the disputed domain name was created nearly thirty years ago and is composed of a common geographic term should have given the Complainant pause in assessing the likelihood of prevailing on the second and third elements of the Complaint. The Complainant was in contact with the Respondent and could have ascertained the nature of the Respondent’s business and when the Respondent acquired the disputed domain name, before undertaking and imposing the costs and burdens of a UDRP proceeding.
U District Advocates was internally represented, and ESQwire.com PC represented the domain name owner.
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