Registered TM Owner loses domain name in UDRP Case
This one is surely going to cheer up a few folks and most of the domainers.
Having a registered TM does not guarantee - ownership or exclusive right to domain name.
The complainant's trademark CHEAP AUTO INSURANCE is obviously a weak and descriptive one. In addition, the complainant could not establish that the mark had acquired a secondary meaning. I think the respondent rightly deserved to keep the domain.
Also, I agree with Ms. Bernstein's proposal that ICANN should allow fees to be assessed in cases where reverse domain name hijacking is found.
I'm not sure I agree with the fees proposal, as if one loses a meritless UDRP - which happens a lot - the domainer would be stuck with some large corporation's legal bills.