UpTerra Corporation has faced a setback in its attempt to acquire the domain name upterra.com, which it sought after failing to reach an agreement on the owner’s asking price of $18,500. After unsuccessful negotiations, the company filed a cybersquatting dispute under the Uniform Domain Name Dispute Resolution Policy (UDRP), but the case was swiftly dismissed.
The panel, part of the World Intellectual Property Organization (WIPO), determined that the Respondent, Catchword—a major naming agency—had registered the domain many years before UpTerra claimed any trademark rights associated with the name.
In its response, the Respondent’s counsel, Muscovitch Law P.C., highlighted this significant detail, prompting UpTerra to request a withdrawal of the case. UpTerra admitted it was unaware of Catchword’s long-term ownership of the domain, mistakenly believing that it had changed hands more recently.
However, the Respondent did not agree to the withdrawal, noting it had sent a letter to UpTerra between the filing and the response, explaining why the complaint was likely to fail. UpTerra did not reply to this letter, citing its counsel’s illness at the time it was received.
With the response submitted, the domain owner sought a ruling on reverse domain name hijacking. The three-member panel concurred, stating that UpTerra’s assertions about a possible change in ownership were unfounded. The panel concluded that UpTerra attempted to gain leverage after its failure to negotiate for the domain, which they classified as a “Plan B reverse domain name hijacking.”
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