Bad decision regarding SmoothMove.com
Friday, 10 April 2009
Michael Berkens registered the domain name SmoothMove.com in 2003. It’s not a doubt that the term smooth move is certainly a commonly used term in the English language.The problems started when a herbal medicine company,Traditional Medicinals Inc,happened to have a trademark to "Smooth Move". Moreover,surprisingly,this is not the only generic domain name the herbal medicine company tried to grab.They have already lost a case for MothersMilk.com . The decision of the Uniform Domain-Name Dispute-Resolution Policy (UDRP) was that smmothmove.com has to be transffered to Traditional Medicinals Inc.
Ari Goldberger,Berken’s attorney,said about all this :"The arguments set forth in our response and supplemental filings made it patently clear that my client registered smoothmove.com because it was a descriptive term related to a moving service, and that the term is subject to substantial third party use.There was no evidence at all that a single link ever appeared on the web site that related to the complainant’s goods and services. To the contrary the evidence was that only moving-related and generic links were displayed."
Posted by DKD DomainNews
