CDRP panel denied the Complaint. (1 Viewing)

Mar 31, 2021
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Zak Muscovitch was on the 3-member panel that decided the surfshark case.

The domain name owner represented himself.

He won on a technicality:
  • SURF SHARK wasn't a registered trademark at the time of the domain registration.
  • The domain owner didn't approach the Complainant to sell them his domain name.
  • The standard Godaddy landing page didn't show ads relating to VPNs.
  • And the Complainant failed to show evidence of extensive use in Canada as of the date of the domain registration.

It's instructive to read the whole decision because the domain owner failed to back up all of his (valid) assertions with evidence.
I'm not happy with the panel's take about the term Surf Shark appearing in the Urban Dictionary. Trademark examiners routinely cite all online sources these days to determine the distinctiveness of a term.
Gullible. To to be easily fooled into making a statement or rushing blindly to a course of action without vetting your source. To act hastily without realising you were being lied to by an internet troll who deleted their tweet.
You just did what? Wow, you are so Surfsharked!

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Show #99: Domain News, Mark Cuban loses, UDRP Reviews

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