Owning a Trademark doesn't guarantee you will win a UDRP (3.Viewing)

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Eric

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Owning a Trademark Doesn’t Guarantee You’ll Win a Domain Dispute - Brandsec


A recent WIPO decision involving rams.com is a timely reminder for brand owners navigating high-value domain acquisitions. Despite decades of trademark use and global recognition, the Los Angeles Rams failed to recover the domain under the UDRP. The issue was not trademark rights, but the inability to prove bad faith.

The facts matter.

The registrant acquired rams.com in 2022 for approximately CAD 50,000, which was consistent with market pricing for short, four-letter dictionary domains. The domain was listed for sale, and the owner later received a genuine third-party offer of USD 2 million from an unrelated business operating under the name “Rams.” Following that approach, the registrant’s broker contacted the Los Angeles Rams with a higher asking price, effectively testing the market. The panel found that this conduct, including attempts to create competitive interest, did not amount to bad faith.

This decision reinforces a critical point. Selling a domain, even aggressively, is not the same as cybersquatting. Dictionary words and common acronyms can have legitimate value independent of any single brand. The UDRP is designed to address abusive registrations, not to override market pricing or penalise domain investors simply because a domain is valuable.

One practical takeaway for brands is to be careful about signalling purchase intent before pursuing enforcement. Making an offer or entering negotiations can weaken a later claim that a domain has no legitimate value outside your trademark. In many cases, a well-informed acquisition strategy, grounded in precedent and market reality, delivers a better outcome than a dispute.
 
Edit reason: spelling
The UDRP is designed to address abusive registrations, not to override market pricing or penalise domain investors simply because a domain is valuable.

Every Panelist should be forced to write this sentence 5000 times on a blackboard before they're allowed to preside over their first case.

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No expert here, but why didn’t the Los Angeles Rams acquire Rams.com in 2022?

Because the NFL is essentially run by billionaire Jerry Jones, the cheapest person to ever walk the Earth - while going to an owner's meeting a dollar bill blew by and Jerry chased it down the street. He also once bid $250 (his maximum offer) to buy Cowboys.com, and his entire executive branch is made up of his shareholder kids, so he doesn't have to pay them a salary.

For the most part, he keeps the other owners in line down on the NFL plantation, and if one steps off (like Cleveland giving reprobate rapist Deshaun Watson a record-breaking fully-guaranteed contract) he literally screams at them at owner's meetings, calling them out for being idiots and making it more expensive for him to run the Cowboys.

That's why Cowboys.com turned into a gay pickup site and Falcons.com sold to a luxury collectibles brand... no one wants to face Jerry after paying millions for their core domain.

"You moron, I'm still trying to buy Cowboys.com for $250 and now you've totally screwed that deal up. Hey Roger, where did you put that dunce cap?"

That's why I would never count on any NFL team ponying up 7-figures for a domain, at least until Jerry is no longer running the Cowboys and the NFL.
 

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