GoSaaS.com's 21 year old domain transfer application fails!

An Australian entrepreneur and domain name investor recently lost an International Domain Name Dispute Resolution Policy (UDRP) case involving the domain name GoSaaS.com, which he owns and operates.It is reported that GoSaaS, Inc. faced a UDRP lawsuit at the NAF Forum but was ultimately unsuccessful in transferring the domain name to the Complainant.

GoSaaS, Inc. claims to own the trademark "GOSAAS, INC." and has operated a corresponding business in the United States since 2017. It asserts that Respondent's use of the gosaas.com domain name has led to consumer confusion and loss of revenue and potential employees. However, Respondent argued that it registered the gosaas.com domain name in 2003, long before the Complainant's trademark was registered, and has been operating a legitimate business.

The UDRP Panel ultimately determined that although the domain name is confusingly similar to the Complainant's trademark, the Respondent has a legitimate interest in the domain name and its registration and use is not in bad faith. This decision reflects the time gap that exists between the domain name registration and the trademark and the Respondent's legitimate business operations in the domain name.

Complainant GoSaaS, Inc. states that they will continue to work on their brand to ensure that their business interests are not infringed. However, Respondent William Cooke is satisfied with the decision and emphasizes his legitimate interest in the domain name gosaas.com. The domain name was registered in 2003.

The final decision in this case demonstrates the importance of legal and temporal considerations in the adjudication of domain name dispute resolution. The case also serves as a reminder that companies need to be careful when registering trademarks and domain names in order to avoid future legal disputes.