Domain Names prices fluctuate. Some domains won’t even cost figures in double digits, while others are offered for thousands and millions of dollars. It all depends upon the domain name and buyer. However, what happens when a failed deal enters into UDRP? Let’s see in this case study.
A premium domain name NextBite.com, was under dispute between an American Complainant and a Kuwaiti Respondent. The Complainant was Nextbite Brands, LLC, United States of America while the Respondent was Nextbite LLC, Nextbite General Trading Company, Kuwait.
The Complainant’s parent brand was Ordermark, Inc. It expanded into Ghost Systems, LLC which later rebranded to Nextbite Brands, LLC. The Complainant obtained the trademark rights for NEXTBITE in April 2020. The Complainant argues that the Respondent registered the domain name for fraud and forgery purposes.
The Respondent presented enough evidence to support its bona fide services at the related domain name. The Panel also found out that both the parties had previously communicated in relation to the domain name NextBite.com. The Complainant, in fact, offered $100,000 for the domain name.
The panel found that the domain name was registered before the Complainant acquired its trademarks rights. Thus, Bad Faith was denied. However, considering the serious allegations by the Complainant against the light of $100,000 offered in exchange of domain name, the Panel found the Complainant abusing the dispute resolution procedure.
The Complaint was denied and a RDNH was awarded.
You can read the case in detail here.