We finally have a decision on the UDRP for the domain YU.com, as the majority of a three member UDRP panel rejected the claim of the Two Way NV/SA of Waregem, Belgium.
We already know the UDRP Panel took what maybe the longest time to ever decide a URDP, nearly six months since it was filed.
Actually its one of the few things the panel may have agreed on as the decision starts off with this wording: “The decision has taken too long”.
In what is certainly one of the strangest UDRP decisions we have ever read, with the Complainant/ trademark holder trying to disqualify one of the panelists, the Honorable Neil Brown and where another panelist Mark Ming-Jen Yang, refused to be “associated with the decision.”
The was no doubt a battle amongst the panelists on what seems to be a slam dunk case, of a generic term, a two letter domain registered years before the trademark was registered seemingly based a position taken by a panelist, Mr. Yang, which I believe should bar the panelist from ever handling another UDRP.
Each of the panelist remaining after Mr. Yang bailed on making a decision even lay out their own arguments on why the domain holder had a legitimate interest int he domain and lack of bad faith.
The domain holder was represented by ESQwire.com PC
Here are the relevant facts and findings:
On August 24, 2011, Complainant filed an application for a European Community trademark for YU, in connection with goods and services relevant to its proposed business; it obtained registration of the trademark on January 25, 2012 as trademark registered number 010214666.
The disputed domain name was registered by Respondent on November 18, 2006 when it acquired it from a previous owner and Respondent has retained the disputed domain name since then.
Respondent uses the disputed domain name for the operation of a website that displays “pay-per-click” advertising links relating to general interest goods and services. The links are automatically generated by a third party provider.
Respondent’s website also invites offers to purchase , but it is said that the owner may not respond to offers of less than USD 1.67 million.
Complainant is a developer of mobile telephone applications, known as apps, and has plans to bring to market an app with the name YU, but has not yet launched it or commenced commercialization.
It wishes to have the domain name yu.com to use as part of its app, by which its customers will be able to participate in public games, buy tickets or products, receive discount coupons and other services, and also to use it to provide, for consumers who do not have a smartphone, the same services via the Internet as it intends to provide via the app.…
