Three Wins in a Row for ESQwire

Attorneys Jason Schaeffer and Ari Goldberger of ESQwire.com are having a great week. Earlier today, I wrote about their successful defense and RDNH finding on the Uniks.com UDRP and the successful defense of the Meryl.com UDRP. This afternoon, Jason Schaeffer shared a third UDRP victory the law firm scored on behalf of a client.

In the yet to be published online UDRP decision at the World Intellectual Property Organization (WIPO), ESQwire successfully defended the galec.com domain name on behalf of its registrant. The complainant in this UDRP filing was listed as Societe Cooperative Groupements d’Achats des Centres Leclerc, SC GALEC.

Here is an excerpt from the decision that is most relevant to the finding that the complaint was denied:

“As highlighted in paragraph 3.1 of the WIPO Overview 2.0, when a domain name is registered by the respondent before the complainant’s relied-upon trademark right is shown to have been first established, on a registered or unregistered basis, the registration of the domain name would not have been in bad faith because the registrant could not have contemplated the complainant’s then non-existent right. However, bad faith can be found in certain situations, when the respondent is clearly aware of the complainant, and it is clear that the aim of the registration was to take advantage of the confusion between the domain name and any potential complainant rights. The Panel notes that the Complainant did not make reference to any situation that could have constituted an exception to the general rule.”

One other excerpt from the decision that domain investors may find interesting concerns pay per click landing pages:

“Furthermore, the content of the web site to which the disputed domain name currently resolves and the historical screenshots of the Respondent’s web site available on records do not suggest any intention of the Respondent to target the Complainant, since the disputed domain name has been pointed to parking pages displaying generic pay-per-click links not related to the Complainant’s business or products”

There are several exceptional domain name attorneys and law firms that are great with UDRP defense cases. I don’t think a firm or lawyer regularly sees three consecutive victories in such a short period of time.

Congratulations to ESQwire on this great  week on behalf of clients!

Elliot Silver
Elliot Silver
About The Author: Elliot Silver is an Internet entrepreneur and publisher of DomainInvesting.com. Elliot is also the founder and President of Top Notch Domains, LLC, a company that has closed eight figures in deals. Please read the DomainInvesting.com Terms of Use page for additional information about the publisher, website comment policy, disclosures, and conflicts of interest. Reach out to Elliot: Twitter | Facebook | LinkedIn

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Recent Posts

Entrepreneurship Handbook Offers Domain Advice – Reveals a $385k Domain Name Purchase

3
Chad Folkening shared an excellent newsletter article from the Entrepreneurship Handbook that will be of interest to domain investors. Not only does Dave Schools...

Referring a (Bad) Prospect to a Broker

3
There are many times when the valuation of a domain name my company owns is far greater than what a prospective buyer thinks it...

Somewhere.com Reportedly Acquired for $400,000

1
The Somewhere.com domain name has reportedly been acquired for $400,000 USD. The acquisition was announced on X this morning by Nick Huber: Big news: We spent...

Can You Beat my Time on Pyramid.com?

2
Michael Cyger launched a fun solitaire game called Pyramid solitaire on the exceptional Pyramid.com domain name. I've played it many times and find it...

My Experience with Afternic / Dan Checkout Link

1
I recently sold a domain name I owned for several years after an email discussion with the buyer. During our negotiation, at least three...