In one of the more interesting UDRP cases I’ve not because of the law or the decision but because of the fact pattern.
Jeremy Same (The Complainant) just lost his bid to get iSound.com back, a domain he bought in 2012 for $31,000 and let drop, to the company that he tried to sell the domain name to for $4 Million dollars.
Here are the relevant facts and findings of the one member panel
The Complainant “is an Internet entrepreneur recognized across the world for his introduction of innovative and disruptive technologies to the music industry.”
“Complainant’s predecessor in title, DJ Burdick, first used the trade mark ISOUND (the “Trade Mark”) in commerce in association with music discovery, music downloads, and social networking services on approximately April 14, 2004.”
“On September 27, 2011, Complainant purchased all right, title, and interest in and to the Trade Mark, the Domain Name, and the ISOUND website from DJ Burdick for $31,000.”
The domain name expired and On April 30, 2013, at which time the Domain Name was transferred to a third party on the drop who then sold the domain name to the Respondent, for an undisclosed amount.
The Complainant claims he was not informed of the domain name expiration and did not intend it to drop.
Respondent is one of the fastest growing video game and audio accessory companies in the United States. It is also a leading provider of premium portable speakers and electronic accessories under the trade mark I.SOUND (the “I.SOUND Mark”).
Respondent currently has over 300 separate products being sold under the I.SOUND Mark. It has sold products under the I.SOUND Mark in 54 countries, including Australia. Since 2004, Respondent has grossed well over $50 million in sales of products under the I.SOUND Mark
Respondent owns registrations for the I.SOUND Mark in several jurisdictions worldwide, including a registration in the US with a filing date of September 3, 2004, registration date of June 20, 2006 and first use in commerce date of October 7, 2004, and an international registration registered on April 26, 2005.
Complainant offered to sell the Domain Name to Respondent two years ago, citing a valuation akin to Apple’s then-recent purchase of “iCloud.com” for over $4 million.
Respondent was not interested, and Complainant let the Domain Name drop.
It was then registered by a third party who subsequently sold it to Respondent.
Respondent has filed evidence which clearly establishes its rights and legitimate interests in respect of its I.SOUND Mark, registered and used since 2004 in respect of its portable speakers and electronic accessories sold worldwide.…
