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EasyShake.com goes from $1,000 bid to domain name suit after rejection
Industry Information
03 Jul 2024 04:41:25 PM
Abstract:
A recent dispute involving the domain name EasyShake.com was recently decided at the International Domain Name Dispute Resolution Forum (UDRP). The Complainant, Healthy Concepts dba EasyShake, claimed that they owned the trademark
A recent dispute involving the domain name EasyShake.com was recently decided at the International Domain Name Dispute Resolution Forum (UDRP). The Complainant, Healthy Concepts dba EasyShake, claimed that they owned the trademark "EasyShake" and had attempted to purchase the domain name from Respondent, Ginesh Baratcumar, but had been refused.Healthy Concepts then filed a formal complaint with the UDRP alleging that the Respondent had registered the domain name in bad faith. Healthy Concepts then filed a formal complaint with the UDRP alleging that the Respondent had registered and used the domain name in bad faith in violation of its trademark rights.
The Complainant noted that they had registered the "EasyShake" trademark with the USPTO and used it for beverage machines and various beverage packages. However, the Respondent counters that they, as HAYAT BEVERAGES AND CATERING SUPPLIES, SLU & PARTNER ORGANISATIONS, have been using the domain name EasyShake.com for a long time to provide products and services consistent with the description of their trademarks, and have not infringed on the Complainant's trademark rights.
The domain name "EasyShake.com" was registered in May 2010 and currently redirects to roselledelight.com.
roselledelight.com
The Panel considered the following points: First, the registration of the EasyShake.com domain name predated Healthy Concepts' trademark registration, indicating that the Respondent was not infringing on Healthy Concepts' pre-existing rights at the time of registration of the domain name. Secondly, the Respondent's use of the domain name was consistent with prevailing business practices and did not engage in misleading or fraudulent conduct.
In addition, the Panel noted that although the Complainant made several attempts to purchase the Domain Name, the Respondent did not offer more than a reasonable price, which was disclosed to be approximately $1,000. does not meet the definition of selling a domain name in bad faith under UDRP Policy 4(b)(i). Defendants' defense documents reveal that their use of the EasyShake.com domain name was a reasonable choice based on its descriptive nature and business needs, and not for the purpose of infringing on the trademark rights of others.
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