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In A UDRP With Wide Implications In New gTLD’s Domains, Panel Awards to Tesco

Posted on the 09 October 2013 by Worldwide @thedomains

In a very interesting case having implication for the new gTLD’s domain names,  Tesco Stores Limited of Cheshunt, Hertfordshire, UK was just awarded the domain name on the basis of having a trademark on the term Tesco.

The panel combined the left and right of the dot in the domain name to come to the conclusion that the trademark owner of Tesco was entitled to the domain.

Tesco owns the domain names and

Of course this type of analysis had wide implication for new gTLD domains names and buyer will have to pay a lot of attention to the combined term on the right and left of the dot in taking into account trademark right especially in consider how they will use a particular new gTLD domain.

More troubling in our opinion, this panel as others have done, seems to have taken into account the amount of money the domain holder paid for the domain name ($1,800) compared to the amount they quoted to sell the domain name, (100,000-150,000 GBP).

Panelist are not in the business of buying and selling domains nor are they experts in valuation of domains.

Panelist are lawyers by trade.

Anytime a panelist goes down the road of placing “bad faith” on the domain holder based even in part on the asking price of the domain, we think the panelist exceed their knowledge and boundaries.

The domain name holder (the Respondent) made in our opinion  an excellent argument of why the domain name should not be transferred to the trademark holder and we have included much of his argument for you to review, however his early use of the domain name seems to have sunk his case.

Tesco probably could not have applied in the Sunrise for only for

It could have land rushed the domain and then entered the eventual auction where this domain sold for $1,800 but they did not

Here are the relevant arguments of the domain holder and the findings of the three member panel

“”The Domain Name was purchased by the Respondent in an open auction conducted by the “.co” registry.

The price paid by the Respondent was USD 1,800, a typical price for a three letter acronym in this domain extension.

The auction was for premium generic domains and followed a “sunrise” period, during which trademark holders could assert their priority right to a domain name.…

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