Company’s trademark filings and cybersquatting case suggest a new product on the horizon.
Ty, Inc., maker of Beanie Babies, has an itty bitty problem that might not be so small.
The company filed a cybersquatting dispute against the domain IttyBittyBeanies.com.
The domain registrant didn’t respond to the dispute, but panelist Nick Gardner refused to just rubber-stamp this case.
A quick Google search for “itty bitty beanie” shows a lot of “itty bitty beanie” hats for sale.
Gardner pointed out to Ty that this is the common name for a product and gave the company a chance to respond, but it failed to do so.
Despite the domain being listed for sale for $1,999, Gardner ruled that Ty didn’t show the domain was registered in bad faith and that the domain owner lacked rights or legitimate interests.
Why is Ty suddenly interested in this domain? It looks like it’s getting ready to release a new product by that name. The company applied for trademarks related to the term on an intent-to-use basis starting in May of this year.
It also happens that the domain was registered just a couple of days after it filed its first trademark application.
Perhaps Ty’s lawyer didn’t point that out because it was relying on earlier trademarks, but that might have been a mistake.
While it’s entirely possible the registrant picked up this domain to target Ty, the company would be wise to snap it up for $1,999 to avoid future headaches. Perhaps it should have done that before spending money on a cybersquatting case.
UB Greensfelder, LLP represented Ty.
But, if their lawyers had simply paid the $1,999 to buy the domain on behalf of their client, they wouldn’t have been able to bill for filing the UDRP. Billable hours are key!