A Cadillac dealer filed a cybersquatting dispute against adillac.com.
A Cadillac dealer in Ohio tried to get the domain adillac.com through UDRP. Image courtesy Cadillac.
A Cadillac dealer has been found to have engaged in reverse domain name hijacking in a strange cybersquatting dispute.
Jeff Wyler Automotive Family, Inc. owns 23 car dealerships in Ohio. Its Cadillac dealership uses the domain name jeffwylerfairfieldcadillac.com.
The company filed a UDRP against adillac.com. Yes, just adillac.com.
It made the strange argument that the domain owner was targeting its trademark for Jeff Wyler by using the subdomain jeffwylerfairfieldc.adillac.com.
Never mind that subdomains aren’t part of UDRP, but the Complainant also didn’t provide any evidence of usage of this subdomain. The panelist said the Complaint misinterpreted search results somehow. I’m not sure what evidence it provided, but I can’t get the subdomain to resolve.
In finding reverse domain name hijacking, panelist Dawn Osborne wrote:
The Respondent did not reply to this Complaint. However the failures in this Complaint inevitably bring considerations of Reverse Domain Name Hijacking into question.
The Complainant is an established business being advised and represented by a law firm. The Complainant has not provided any evidence of Rights sufficient to properly challenge the registration of the Domain Name. It has also misrepresented the meaning of search results to suggest that the Respondent has registered a sub domain containing the Complainant’s JEFF WYLER trade mark when the Respondent has not and it would be impossible to do so. It is also extremely surprising that the Complainant did not submit any evidence of the actual use being made of the Domain Name, namely commercial services relating to gift cards which does not disclose any targeting of the Complainant by the Respondent.
On balance the Panel believes that exercising reasonable skill and judgement the Complainant must have realised that its Complaint was bound to fail and that it has not placed all relevant information as to use of the Domain Name before the Panel. The Panel makes a finding of Reverse Domain Name Hijacking.
Ulmer & Berne, LLP represented the car dealer.
Post link: Cadillac dealer tries reverse domain name hijacking
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