XTM.com UDRP: Complainant Loses

A UDRP was filed against XTM.com at the National Arbitration Forum (NAF) by a company called XTM International Inc. The domain registrant did not file a response to the UDRP, but the panelist still found in favor of the registrant. The panelist in the case was Terry F. Peppard.

From what I can tell, this valuable 3 letter .com domain name does not infringe on the complainant’s trademarks with its current usage. When I visited the domain name, I could see a pretty simple landing page indicating the domain name is for sale: “[xtm.com] is for sale:

“[xtm.com] is for sale
If you would like to purchase this domain, please click here to make an offer. Or Contact us.”

While the panelist did not cite the registrant’s right to sell this valuable domain name, it was the lack of evidence provided by the complainant that doomed the UDRP. In fact, this was one of the shortest UDRP decisions I can recall reading. Here’s an excerpt from the decision:

“In the case before us, the Complaint contains only the scantiest allegations, and the only proof offered in support of those allegations consists of a copy of Complainant’s USPTO trademark/service mark registration. The evidentiary record upon which Complainant asks this Panel to reach the conclusions necessary to justify transfer of the contested domain name to Complainant is therefore woefully lacking. This failure of proof is fatal to Complainant’s request for relief.”

I would be remiss if I did not mention that it would have been nice for the panelist to mention the domain registrant’s right to own and sell a valuable LLL.com domain name as a a reason for the UDRP failing. All in all, I think the right decision was reached.

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

Recent Posts

Fox.org UDRP Decision is Upsetting

Last night, I saw that WIPO had posted an update regarding the Fox.org UDRP. Fox.org is a domain name registered in 1996, and I...

CEO of NFT.com Shares Domain Name Acquisition Learnings

Jordan Fried is the owner of some exceptional domain names. A few of the domain names he owns include NFT.com, PuertoRico.com, and Fried.com. This...

Taking a Blog Break

I have been writing articles on my blog since 2007. I have been fortunate to have the advertising support of many domain industry companies...

Some Thoughts About 2023

As the year winds down, I have been thinking about what to expect for the upcoming year. I am hopeful that it will be...

How I Am Preparing for the New Year

Less than a week remains in 2022. This is generally a quiet week in terms of domain name sales, so I tend to spend...