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Marchex successfully defends geo domain name in UDRP

May 11, 2012Domaining, Domainnamewire, John Berryhill, marchex, norcross, Policy & Law, udrpComments Off on Marchex successfully defends geo domain name in UDRP

Panel rules company can keep Norcross.com domain name.

Marchex has successfully defended the domain name Norcross.com in a UDRP with the help of domain name attorney John Berryhill.

Marchex acquired the domain when it bought Yun Ye’s Ultimate Search portfolio.

Norcross is a suburb of Atlanta and the parked page at Norcross.com has shown links related to Georgia, hotels, etc.

The complainant, Norcross Corporation, sells viscosity equipment. While I’ll applaud it for owning the domain name viscosity.com, it clearly was on the wrong side of this case.

Norcross Corporation complained that Marchex said it would only entertain offers of $30,000 or more for any of its domain names. Some panelists think they are equipped to appraise domain names and make comments about how outrageous certain asking prices are. But this three person panel gets it:

The fact that Respondent was only willing to sell the domain name to Complainants for a sum far in excess of its out-of-pocket expenses directly related to the domain name does not establish the requisite bad faith since the Respondent had a legitimate interest in the domain name. A domain name registrant is always permitted to sell a domain name to which it has rights for a profit; that constitutes bad faith only when the domain name was acquired primarily for the bad faith purpose of selling it to the trademark owner.

I’ll toast to that.


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