Yesterday we let you know that A UDRP panel awarded the domain name GED.net to the company that administers the exam and owns the trademark on the term
Today we have the actual opinion of the UDRP panel and with it additional facts.
The first big surprise for me is that the domain holder failed to demand a three member panel and allowed to take the luck of the draw with a one member panel.
Extremely surprising after reading in the opinion that the domain holder acquired this domain for $60,000 not long ago.
Secondly, even though the domain holder said that he acquired the content of the site along with the domain, the domain sad inactive since acquisition basically killing the case for the domain holder.
Here are the relevant facts and findings:
“Complainant, founded in 1918, represents presidents and chancellors of colleges and universities throughout the United States”.
“Through a division (now a joint venture under Complainant’s control), Complainant publishes, markets, and licenses the GED test”.
“The test has its origins in World War II, during which many American men joined the armed services before completing high school.
“The GED test has been used in all 50 states of the United States as an accepted method for obtaining a high school equivalency credential. Today, many Americans who drop out of high school eventually take the GED test.
“Complainant holds several registered service marks, registered with the United States Patent & Trademark Office (“USPTO”) at various times between 1985 and 2002, of the term GED – either as a word mark (2002) or stylized (1985 and 2002).”
“The GED mark is registered in connection with educational testing services”.
“According to the USPTO registrations, Complainant made first use in commerce of GED as a word mark in 1999, and made first use of GED as a stylized mark in 1971″.
“The Domain Name was registered by Respondent on June 12, 2011. ”
“It appears that Respondent acquired the Domain Name from another party, and according to Respondent the acquisition of the Domain Name was accompanied by a fully developed website which Respondent has not yet changed”.
“The website contains considerable information about the GED test and offers various services – at various price points – for people interested in preparing for the GED test.
“At the bottom of some pages at the site is the statement: “GED.net is an independently owned and operated website since 1997.” Also at the bottom of some pages is the following disclaimer: “GED.net is not associated or affiliated with the American Council on Education or any related entities.”
“Respondent claims that it intends to provide services similar to those already offered on the website it apparently purchased along with the Domain Name.…