Nexim.com: "If you get a UDRP shortly after a GoDaddy auction..." (2.Viewing)

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"The Complainant maintains that the Respondent has engaged in a repeated speculative pattern of buying and reselling domain names for profit, and notes that during the auction process for the disputed domain name, GoDaddy directly contacted the Complainant to notify that the disputed domain name was available for purchase, suggesting it might otherwise be transferred to another bidder. According to the Complainant,"
 
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The panel noted that Nexim provided virtually no evidence of any global reputation: No sales figures, no marketing, no independent coverage. Its online footprint (an Italian-only site and modest social media following) didn’t come close to supporting the “one of the most advanced operators in the world” claim.

By contrast, the Respondent produced trademark records and domains showing “Nexim” is used by many unrelated businesses worldwide, making Nexim.com a plausible generic brandable asset rather than an obvious play on this particular Italian SME.

The GoDaddy “your name is dropping” email Nexim cited wasn’t tied to the Respondent, there was no outreach from the Respondent to sell the name to Nexim, and the current for-sale lander makes no reference to Nexim’s brand. With no proof the investor even knew about Nexim—let alone targeted it—the panel found that buying and offering a short brandable .com for resale, in these circumstances, is legitimate domain investing, not bad-faith cybersquatting.
Source: https://domaingang.com/domain-law/n...estor-represented-by-attorney-john-berryhill/
 

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