- May 17, 2013
- 3,129
- 18,097
A nice precedent was set for the expired domains's buyers.
Texas Media Properties LLC failed to acquire the domain TexasMediaProperties[.]com via the UDRP process, as the term is purely descriptive of “Texas media properties.”
The WIPO panelist noted:
Complainant has not carried its burden to prove bad faith registration. Complainant makes no explicit allegation or argument that Respondent registered the Disputed Domain Name in bad faith. Instead, it implies bad faith registration with the allegation that the Disputed Domain Name was registered one week after Complainant filed formation documents with the Texas Secretary of State. As observed above, this allegation was factually incorrect as Respondent acquired the Disputed Domain Name in 2012.
The Respondent sought a finding of Reverse Domain Name Hijacking; in our opinion, it should have been delivered as a finding, based on the Complainant’s allegations that presented altered facts. The RDNH finding was not delivered, however.
Final decision: Deny transfer of the domain TexasMediaProperties[.]com to the Complainant.
Source: https://domaingang.com/domain-law/t...exasmediaproperties-com-via-the-udrp-process/
Texas Media Properties LLC failed to acquire the domain TexasMediaProperties[.]com via the UDRP process, as the term is purely descriptive of “Texas media properties.”
The WIPO panelist noted:
Complainant has not carried its burden to prove bad faith registration. Complainant makes no explicit allegation or argument that Respondent registered the Disputed Domain Name in bad faith. Instead, it implies bad faith registration with the allegation that the Disputed Domain Name was registered one week after Complainant filed formation documents with the Texas Secretary of State. As observed above, this allegation was factually incorrect as Respondent acquired the Disputed Domain Name in 2012.
The Respondent sought a finding of Reverse Domain Name Hijacking; in our opinion, it should have been delivered as a finding, based on the Complainant’s allegations that presented altered facts. The RDNH finding was not delivered, however.
Final decision: Deny transfer of the domain TexasMediaProperties[.]com to the Complainant.
Source: https://domaingang.com/domain-law/t...exasmediaproperties-com-via-the-udrp-process/
