Microsystems Technology, Inc. d/b/a ANYDOC of Tampa, Florida just lost a UDRP on the domain AnyDoc.com which is owned by Matthew Lamb, despite having a trademark on the term since 2004 and despite the fact that since the domain holder acquired it at SnapNames.com in 2006 the panel found the domain name usually did not resolve and when it did, it went to a parked page with some links to products which compete with the trademark holder.
Actually it seems the 6 year passive holding of the domain name without it resolving saved the domain from being taken away and awarded to the trademark holder.
Any parking done on the domain seems to have been done at the registrar level which the panel forgave
Here are the relevant facts and findings by the three member panel:
“The Complainant is a Florida business corporation that offers automated document and data solutions. The Complainant does business under the name “AnyDoc”, and the Complaint states that the Complainant’s software products have been branded with the ANYDOC mark since March 24, 2003, when the product line was rebranded.”
The Complainant’s site is anydocsoftware.com
“Typically include the ANYDOC mark with other descriptive terms, such as “OCR for ANYDOC”, “ANYDOC Invoice”, and “ANYDOC Claim”. The Complainant has offices in Florida, the United Kingdom, Switzerland, and Germany, and it also sells its software products globally through its website”.
The Complainant holds United States Trademark Registration No. 2805085 (registered January 13, 2004) for the standard-character mark ANYDOC. This is also the basis for an International Registration of the mark under the Madrid System in several other countries.”
“According to the Registrar’s WhoIs database, the Domain Name was created on October 12, 2001. It does not currently resolve to an active website. ”
“The Panel notes that archived screenshots found through the Internet Archive Wayback Machine at “www.archive.org” show that in the period 2002 – 2006 the Domain Name resolved to a website for an English company offering print and online customer communications services, variously styled as “AMIC Solutions Limited”, “dsiAMIC”, “AnyDoc”, or “dsiAnyDoc”. ”
“The latest of these screenshots is dated May 1, 2006. Subsequent screenshots in 2006 show that the Domain Name resolved to an error message, “No web site is configured at this address”, and then, by December 2006, to a pay-per-click (“PPC”) advertising landing page. :
“A single archived screenshot for the Domain Name in February 2011 also shows a PPC advertising landing page with “sponsored listings” for a variety of goods and services.…