Perils of descriptive marks

[neddy]

Here is a really interesting case between two major entities.

Story reported here on Domain Name Wire: http://domainnamewire.com/2011/06/22/marchex-wins-udrp-for-walkaway-com/

In essence:

Even if it is true that the ads in Respondent’s website are related to Complainant’s services, that is a problem
of Complainant’s making. Having selected a descriptive term as its mark, Complainant must suffer the consequences,
including the fair descriptive use of its mark by other parties.