A complaint has been filed against the 16 year old domain name CHOOSER.COM, with the word commonly referring to “selecting from a number of possible alternatives”.
The complaining party is listed as Chooser SA and the Respondent, Jinsoo Yoon of the Republic of Korea.
Mr Yoon has been involved in five previous disputes under the UDRP, which most recently was fought and lost against Ironfx Global Limited.
With a domain portfolio of over 2000+ domain names and currently offering the domain name for sale at the price of $53,800.00, it is safe to assume that the Respondent is a domain investor.
However, all is not lost when it comes to establishing a legitimate interest under the Policy as recent cases have shown. In Diltex, S.A. de C.V. v. Domain Administration, Web Development Group Ltd for example, the Respondent readily admitted that it was in the business of registering domain names for their resale value. The Panel was of the opinion that the registration of multiple domain names does not standing alone constitute bad faith within the meaning of the Policy, especially in cases such as this where investors register commonly descriptive terms.
In order for the Complainant to be successful in this case they may not only need to demonstrate rights which pre-date the registration of the domain name, but also that the Respondent’s intent at the time of registration was solely to take advantage of its mark, rather than for the domains descriptive quality.
Has the Complainant provided sufficient evidence to satisfy its burden? If not, he may find himself having to select from a number of possible alternative domain names…
Our Prediction: CLAIM DENIED