Jim Bikoff, Holly Lance and Darlene Tzou successfully defended client Domain Asset Holdings, a premium domain names reseller, in a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding before the World Intellectual Property Organization involving the domain name SHESAFE.COM. The UDRP Panel found that Complainant Shesafe Pty Ltd, an Australian company providing ride-sharing services for women and children, failed to establish that Domain Asset Holdings, operating through its affiliate DomainMarket.com, had registered and was using the domain name SHESAFE.COM in bad faith.
The UDRP Panel held that DomainMarket.com’s registration of the SheSafe.com domain name prior to the commencement of Complainant Shesafe Pty Ltd’s business demonstrated that its “acquisition of the Domain Name could not have been primarily for the purpose of selling, renting or otherwise transferring it to the Complainant or a competitor of the Complainant, or otherwise targeted at the Complainant, or even made with a reckless disregard of the Complainant’s rights.” The Panel also noted that the listing of the domain name for sale should not lead to a presumption of bad faith, and that DomainMarket.com’s acquisition of the SheSafe.com domain name was “bona fide” in view of the value of the domain name’s descriptive elements.
This is the third positive result the SGR team has achieved for this client, which has been named in several UDRP proceedings based on the nature of its business, namely, the registration and sale of domain names comprising combinations of descriptive terms. While the domain name reseller industry has been subject to negative press, through their efforts, the SGR team is helping one prominent player establish the legitimacy of this business model.
Please contact your SGR attorney for more information.
Shesafe Pty Ltd v. DomainMarket.com, Case No. D2017-1330 (WIPO August 22, 2017)