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UDRP Filed Against Picture.com at WIPO

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Late last week, I noticed a UDRP was filed against the generic, high value Picture.com domain name. The UDRP was filed at the World Intellectual Property Organization. It is WIPO Case D2020-2016.

Picture.com was originally created more than 25 years ago – in September of 1994. The domain name is registered under privacy proxy, and it forwards to a purchase inquiry page at Uniregistry Market. In October of 2019, domain investor James Booth announced that his company acquired Picture.com, although it is unclear if his company still owns this valuable asset:

Don’t Email Trademark Domain Names for Sale

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Chalk this one up to something that should be common sense, but I received an email solicitation this morning that made me think it serve some good to share my thoughts. Buying domain names with common trademarks is a bad idea. Sending out email solicitations trying to sell these domain names is an even worse idea.

RDNH Finding on CheapStuff.com UDRP

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In late May, a UDRP was filed at WIPO against the seemingly generic CheapStuff.com domain name. The filing was made after the domain name apparently expired and was auctioned on NameJet, where it achieved a sale price of $3,875. The UDRP decision was sent out today, and the respondent won. In addition, a finding of Reverse Domain Name Hijacking (RDNH) was made. Attorney John Berryhill represented the domain registrant in this proceeding, and the WIPO panelist was John Swinson.

In looking over the decision, I can see the complainant cited the recent Booking.com trademark Supreme Court decision in a supplemental filing. As John mentioned on Twitter, this will likely be a regular occurrence domain registrants will need become accustomed to seeing in UDRP defenses going forward:

Airy.com UDRP: RDNH + Panel Notes Time & Funds Involved in Defense

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In May of this year, I wrote about the filing of a UDRP against the valuable Airy.com domain name. When I saw the filing, I did some cursory research, and I did not see anything that stood out to give the complainant a chance to win the UDRP. The decision was published today, and the panelist ruled the domain registrant could retain the domain name. The panelist also ruled this is a case of Reverse Domain Name Hijacking (RDNH).

You can read the entire decision to see all of the reasons for why the complainant lost, but I want to highlight two aspects of the decision that stood out to me. The first is that Airy.com was reportedly acquired for $150,000 in 2017. This was supported by a wire transfer receipt to Uniregistar. This sale will now be archived by DNJournal, and it will tie for the 38th largest public domain name sale of 2017. I also added it to the Embrace.com one word .com sale list.

I also want to highlight a paragraph from the the RDNH discussion in the decision. The panel acknowledged the effort and cost to defend this domain name:

Nobody Will Request an “Appraisal Certificate”

Domain industry attorney Jason Schaeffer reported today that three of his clients received $60,000 offers to buy domain names, and the supposed prospective buyer requested an “appraisal certificate” in order to proceed with a deal.

Differing Opinions on Ramifications of SCOTUS Decision

Earlier this week, the United States Supreme Court ruled that Booking.com can be trademarked. The 8-1 decision was a good read, and there was some interesting insight from the opinion. The dissent, written by Justice Stephen Breyer, included some positive language that will likely be referenced by generic .com domain name registrants:

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