UDRP proceedings related to domain names have a special provision for the cases when someone approaches the panel just because they couldn’t agree at the price of the domain name. This is referred to as ‘using the Complaint as the Plan B’. In such cases, a UDRP is awarded by the panel.
TranScrip Partners LLP approached the WIPO regarding the domain name TranScrip.com. The Complaint argued that they have acquired common law rights over the domain name because of the continuous usage of TRANSCRIP mark in their businesses. To support their claim the Complainant presented financial figures from 2016 showing a continuous rise.
The Respondent had registered the domain name in 2014. The domain name in question resolved to a parking page that offered the domain name for sale, along with several other links related to different kinds of services.
The panel pointed out that the domain name contained characters that seemed to be a derivative of TRANSCRIPT. This is a generic mark and even if it was not so, the Respondent registered the domain name before the Complainant had any evidential proof of the usage.
However, on the top of having no prior trademark rights over the term the Complainant also had conversations with the Respondent regarding the purchase of the domain name. The Respondent had even offered the domain name for sale.
The Complainant went on with the UDRP instead.This shows that this is the plan B of the Complainant.
The panel denied the Complaint and handed a RDNH instead.
Read the full case here.
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