DAU2016-0019 <dashing.com.au>

[Cooper Mills DomainLawyer]

hi guys, I am pleased to announce that we successfully represented the Respondent and owner of the domain name dashing.com.au.
The Respondent was successful in defeating the auDRP against what is a very generic domain name.

An acknowledgement by the panel on the use of generic words from the case:
It seems quite conceivable to the Panel that the Respondent may, as it submits, have chosen the common and laudatory English word “dashing” as part of its name or mark. As a consequence the Panel finds that it cannot be said that the Respondent has “no rights or legitimate rights” in the disputed domain name as required under this limb of the Policy and the Panel finds that the Respondent has therefore successfully rebutted the prima facie case made out by the Complainant.

I'll post a link to the case once published.

These type of cases show that as time goes on businesses out there will try to reverse domain hijack good domains. Unfortunately the panel didn't give us a RDNH finding, which I thought was warranted. I always recommend obtaining a trademark where you use valuable domains for your business. This will help protect your business.

 

[findtim]

is there such a thing as a "trademark umberella" ? a trademark that covers many names eg:
dubbo, dubboup, dubbodown, dubbogreen
eg2: coke, diet coke, coke lifestyle, as they all use coke shouldn't that block all the rest as well?

tim

 

[Data Glasses]

is there such a thing as a "trademark umberella" ? a trademark that covers many names eg:
dubbo, dubboup, dubbodown, dubbogreen
eg2: coke, diet coke, coke lifestyle, as they all use coke shouldn't that block all the rest as well?

tim

I would think Coke would be stronger than a Geo

 

[Cooper Mills DomainLawyer]

is there such a thing as a "trademark umberella" ? a trademark that covers many names eg:
dubbo, dubboup, dubbodown, dubbogreen
eg2: coke, diet coke, coke lifestyle, as they all use coke shouldn't that block all the rest as well?

tim

lets have a chat about it this evening

 

[neddy]

Excellent result. I wrote about this one a while back on Domainer.

Dashing.com.au – the complainants are Dashing Pty Ltd and Dashing Print Pty Ltd. By the looks of it, they are a large Sydney based printer. The respondent is Melbourne based sole trader who runs a business called Dashing Website Solutions. According to the ABN Lookup, he has had this trading name since 2007. Accordingly, I just cannot see how the respondent could even come close to losing this domain? After all, the complainant has to succeed on all three legs:​

 

[chris]

hi guys, I am pleased to announce that we successfully represented the Respondent and owner of the domain name dashing.com.au.
The Respondent was successful in defeating the auDRP against what is a very generic domain name.

Well done @Cooper Mills DomainLawyer -

 

[Cooper Mills DomainLawyer]

Here is a link to the decision

 

[DomainNames]

www.rdnh.com needs to be read and understood by everyone including those on panels. Clearly this was a case of reverse domain name hijacking the respondent had to incur unreasonable costs to protect their interests.

This highlights the need for Auda and the Board to immediately consider implementing the same $5000 system Canada uses. This needs to be done ASAP.
https://en.wikipedia.org/wiki/Reverse_domain_hijacking

CANADA: Complainant in .ca Domain Name Dispute Ordered to Pay $5,000 for Reverse Hijacking
http://domainnamewire.com/2013/06/1...0-after-reverse-domain-name-hijacking-charge/
http://www.inta.org/INTABulletin/Pa...sputeOrderedtoPay5000ForReverseHijacking.aspx

Trademarks alone are not the answer when it comes to Reverse Domain Name Highjackers who will try many tactics to get the names they want often causing large costs for the registrants! http://www.johnon.com/666/reverse-domain-hijacking.html

http://domainnameresellerinindia.co...0-after-reverse-domain-name-hijacking-charge/
Panel believe complainant was trying to use arbitration as a “short cut” to acquire domain.
Domain name attorney Zak Muscovitch has helped the owner of ClevelandCyclewerks.ca save his domain name in a cybersquatting arbitration case. Not only that, but the arbitration panel found the complainant guilty of reverse domain name hijacking and ordered it to pay $ 5,000.

 

[DomainNames]

http://www.domainarts.com/2013/12/1...-for-reverse-domain-name-hijacking-decisions/