A one person UDRP panel just ruled against Audi AG of Germany on the domain name audicity.com
The case seemed to turn on the fact that the domain name was “registered for over 10 years, and there is no evidence that the Respondent has ever attempted to sell the Domain Name”.
“Furthermore, when asked by the Complainant to transfer the Domain Name, the Respondent refused without making a counter-offer, citing the costs that the transfer would impose on him in changing his various email addresses.”
The domain holder didn’t file a formal response but sent the panel some info:
“”The Respondent registered the Domain Name because it is a play on the words “audacity” and “audio”. ”
“He did not think of the Complainant when he came up with the Domain Name.”
“Rather he registered the Domain Name to host his music work, which is an obsession of his.”
The Respondent has held the Domain Name for many years and uses it primarily for email for family and some friends as well as for sharing personal music projects and field recordings that he makes, i.e. “AUDI-o related projects”.
While there has been little content on the Respondent’s Website, the Respondent has used various sub domains from the Domain Name such as “www.olsen.audicity.com”, which was used to share old family photos when the Respondent’s grandfather died, and “www.media.audicity.com” which was used to reference sound files.
“The Respondent has also used the Domain Name as a secondary email address that he directs mailing lists that he signs up to and an address he uses when he purchases software. The Respondent is not interested in selling the Domain Name, nor has he registered a large number of domain names for commercial purposes.”
Here is the finding of the panel:
“The Respondent is not affiliated with the Complainant in any way. He has not been authorised by the Complainant to register or use the Domain Name or to seek the registration of any domain name incorporating the AUDI Mark or a mark similar to the AUDI Mark. There is no evidence that the Respondent is commonly known by the Domain Name or any similar name.
The Respondent claims that he has used the Domain Name as an email for family and some friends as well as for sharing personal music projects. However the Respondent, in his communications with the Center, provided very limited evidence in support of its claims about how it was using the Domain Name.…
