In what I consider a very troubling and horrible decision, A one member UDRP panel has awarded a domain names welldonebbqs.com and welldonebbqcleaning.com to a Complainant who didn’t have a registered trademark, on the basis doing a whopping $11,000 in gross revenue, having $1,000 in a bank account and distributing 2,000 flyers.
I have comments that follow this really bad decision.
“Complainant is a young man who, whilst still at University, enrolled in the Province of Ontario’s Summer Company Program. This program provides funding for budding entrepreneurs to open their own businesses provided the enrollee complies with certain conditions. He filed a comprehensive Business Plan with the Government of Ontario in May 2010 naming his business “WellDone BBQs” and at about the same time he opened a bank account under this name”.
As anticipated in his Business Plan, Complainant had printed and circulated some 2000 brochures advertising his cleaning services for barbeques under the name Well Done BBQs.
These brochures were distributed in several neighborhoods of Toronto, including to where Respondent operates a competitive business”.
Complainant also distributed a number of business cards in the name of Well Done BBQs. ”
“Both the brochures and the cards displayed only the name of the business and not that of Complainant.”
“In that first year, Complainant secured 61 customers and revenues in excess of $11,000, and the Government of Ontario, having recognized Complainant’s efforts and his compliance with its Program, rewarded him with $3,000
On December 30, 2010, Complainant registered the domain name welldonebbq.com.
He was unable to register the true name of his company since by that time Respondent had already registered the first of the disputed domain names welldonebbqs.com.
Complainant contends that Respondent clearly recognized that his business operated as a barbecue cleaning service, because at the same time they registered the second of the disputed domain names welldonebbqcleaning.com.
“Complainant contends that the phrase “Well Done BBQs” is distinctive, it is novel, it does not correspond to any common phrase and it is clear that Respondent did not register either of the two disputed domain names by happenstance. ”
“He contends that Respondent has made a purposeful attempt to interfere with his business by registering two domain names that are nearly identical to his own name and mark.”
Complainant further contends that Respondent has no rights or legitimate interest in either of the disputed domain name because:
· Complainant had common law rights prior to the registration of both of the disputed domain names;
· Respondent is a competitor of Complainant, operating under the name “The BBQ Guys”.…
