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GoDaddy review : Recommend I go GoDaddy?? UDRP Help - Generic Term

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I have been hit with a UDRP complaint for what I believe is a generic term, you can see details here: http://stunningdomains.com/UDRPCompl...ed4-1-2010.pdf.

The proceeding has not yet commenced, but I believe that there's a good chance that this will move forward and I'll be asked to respond. I have drafted up the following as a potential response:.

Respondent was not aware of the Head brand or trademark until the UDRP complaint was received.

Respondent registered the domain for it's generic nature; such as a domain that could feature items that one would wear on their head, e.g. hats, baseball caps and/or other headwear. This is similar to how one would use the generic domain FootApparel.com as a name that would have shoes, sneakers and/or other footwear on it.

Respondent owns other generic apparel related domains such as ComfortablePants.com, FingerSocks.com, HandSocks.com and FlaredJeans.com.

Any thoughts or suggestions on this would be appreciated...

Comments (5)

If this is the software/security business by that name, I don't see any conflicts on your parked page currently and it looks to me (I am not a lawyer!) like you have a pretty strong basis for keeping the name. If you had software-related links at some time, OR if it's a different company and they deal in clothing, then that's another story and your chances are not good.

I'd consult a real lawyer on this...

Comment #1

In that case the "head tennis apparel" links on your parking pages are probably what led them to file the UDRP.

Time to talk to a real lawyer, if you want to keep the name...

Comment #2

In my opinion, it is one of those ' As close as I can get to a famous mark, earn money, and hopefully get away with it ' registrations. You will lose the dispute, and if you fight it, be prepared to be sued for damages.

Am curious, have you had a cease and desist letter, or is this their first and only communication ?

Comment #3

This was the first communication. The proceeding has officially commenced.

The domain in itself isn't really worth that much to me, it's more about defending my name, I don't want to be on record as a trademark violator. When I registered the domain, I viewed it as a generic registration, I was not aware of the Head brand until I received the UDRP complaint.

I feel like I have about a 50/50 chance of success through UDRP, so I sent a side email to the complainant's legal representation that I'd transfer the domain to them at no cost, if they dismiss the complaint...

Comment #4

When I first looked at the domain name, I was about 50/50 myself, however when I read through the UDRP, the scales tipped in their favour. Bear in mind that it will be a small panel who make the judgement. I don't see how you could defend the case. If I were on the panel, and you said that you were not aware that this major brand existed, I would have trouble believing that statement. These people are not totally ignorant about domaining, and would know how much research goes in to finding profitable names. It's not as if the name is ' iwearaheadsweatbandwheniplaytennis.com.

For the value of the domain, and for the sake of your reputation, I think you have done the right thing to offer to transfer the name to them. If they agree to drop the UDRP that's good also..

I am not sure whether the UDRP fee is refundable, so they may proceed anyway..

I hope you are going through your portfolio to see if you have any more hot potatoes, because no doubt they will already know every domain name you have, and any others would look bad for you. You may already know that many internet security companies are now scanning the registries and alerting Tm holders about infringeing domains..

Good luck...

Comment #5


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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