I noticed a UDRP filing at WIPO this afternoon involving a relatively generic domain name. A company called Berry Fresh LLC filed a UDRP against BerrySweet.com. The UDRP is WIPO case D2019-3091. Ordinarily, I would not be inclined to write about a UDRP filing involving a domain name like this, but something caught my attention when I looked into it a bit.
BerrySweet.com is currently registered under privacy proxy at NameSilo, the registrant of the domain name is not publicly known. When I visited the domain name this afternoon, it did not resolve to a functional website. BerrySweet.com has a creation date of March of 2004, making it more than 15 years old.
Using the Whois History tool at DomainTools, I can see the domain name had been previously registered to an entity called Berry Fresh Produce LLC as recently as March of 2019. A check of NameBio shows that BerrySweet.com sold on April 25, 2019 for $1,938 at GoDaddy.
Prior to the auction, I received an Expired Domain Auction Inventory email from my GoDaddy account executive with the name listed. Based on what I can see, my guess is that this domain name expired, was auctioned, and now the former registrant is trying to get the domain name back using the UDRP process.
One thing I noticed is the former domain registrant is listed as Berry Fresh Produce LLC and the complainant in the UDRP is listed as Berry Fresh LLC. I think it is the same entity (or related) because the Berry Fresh Produce Whois email is @berryfresh.com, but there is the possibility it is different entities. We will find out once the decision has been published.
There is a “Live” trademark in the USPTO for the “Berry Sweet” term, among several filings. According to Trademarkia, the last applicant/owner for one of those live trademarks is Berry Fresh LLC.
There is alway a caveat emptor when buying domain names at auction. Regardless of the circumstances surrounding this specific domain name, there is some risk when buying domain names at auction. It will be interesting to see how this UDRP turns out.
Update: The respondent filed a response too late to be accepted, but the panel ruled in favor of the respondent anyway. The decision can be found via the WIPO website.