Oversee Domain Management, LLC, just lost a UDRP on the domain name OnlineBacarrat.com to Baccarat SA of Baccarat, France
The domain name OnlineBacarrat.com was registered on June 12, 2012
I have no idea of why Oversee would register this domain or pay for a three member panel to try to save it.
The domain is a typo of the casino game Baccarat
The domain is also a typo of the famous french glass maker Baccarat.
The domain was parked but the domain was inactivated after the UDRP was filed which the panel apparently didn’t like.
Oversee’s argument is pretty interesting considering they or a sister company owns the parking company where the domain was parked.
Here is what Oversee had to say on why they should keep the domain name:
“The Respondent submits that it acquired the Domain Name as part of its business practice identifying and registering descriptive domain names which can be populated with pay-per-click advertising or sold at a price higher than the costs of registration. ”
“In order to avoid the registration of domain names that arguably coincide with trademarks, the Respondent operates an automated filtering system and uses human reviewers to identify domain names as potentially ineligible for registration because of trademark infringement.”
“According to the Respondent because the Domain Name consists of two generic words “online” and “bacarrat” it has the right to register the Domain Name and use it in a manner consistent with its generic meaning. ”
“The Respondent submits that it has registered and holds the Domain Name in the hope that online gambling might one day be legal throughout the United States”.
“The Respondent further submits that the use of domain names for a PPC landing page is legitimate and establishes rights or legitimate interests in a domain name.”
“The Respondent concludes that since it has registered a generic domain name that it has used to host PPC advertising related to the card game Baccarat, it is offering a legitimate service to consumers and therefore has an own right or legitimate interest in the Domain Name.”
“The Respondent contends that there is no evidence that it knew of and targeted the Complainant when it registered the Domain Name. ”
“During the registration process neither its automated filtering system nor its human reviewers identified the Domain Name as potentially ineligible for registration because it infringed a third party trademark. ”
“The Respondent submits that the Complainant does not provide any evidence that the Respondent targeted the Complainant, nor that it intentionally provided hyperlinks to websites of competitors of the Complainant in order to frustrate the Complainant’s business.…
