My domain KITCHN.com saved in UDRP

Hello and Assalamo Alaikum,

First, I would like to thank Mr. Howard Neu for accepting this case and later defending it successfully the domain KITCHN.com which is one of our prime properties.

Let me tell you some background before I shall tell you about the case in detail.

In October 2015, the law firm representing Kitchn.no contacted me for the purchase of my domain and started offer from $100 up to $7,000 to which no interest was shown.

Next in June 2016, the complainant filed UDRP on our domain Kitchn.com and Mr. Howard respresented me to defend and save the valuable domain.

Today, we got the news of winning the case.

Below is the detail:

“In a 3 person panel decision, the UDRP Claim for Kitchn.com was denied at WIPO. In the case of Kitchn Norge AS v. Abdulbasit Makrani, Case No. D2016-1189, a Norwegian company that held the Norwegian trademark for KITCH’N was too limited to a specific area (Norway and Sweden) as to apply to Bad Faith on the part of the Respondent Abdulbasit Makrani.  Here are some of the relevant excerpts of the decision:

The Panel notes that, at the time the disputed domain name was acquired by the Respondent, the Complainant had been trading in Norway and Sweden for some 18 years, had been the proprietor of the Norwegian trademark No. 221252 for KITCH’N for some 11 years and also appears to have been selling through the Internet for almost 2 years.

There is no evidence that the Complainant’s trademark might have been used outside Norway and Sweden and the Complainant’s website clearly targets consumers located in Norway since it is entirely in Norwegian.  Moreover, a Google search for “kitchn” shows several results unrelated to the Complainant and its mark.

The records indicate that the Respondent is a professional domain name registrant and acquired the disputed domain name through an automated process immediately after the original registration lapsed.  As highlighted in previous cases, the automated nature of the acquisition cannot be an excuse for turning a blind eye to trademark rights, since otherwise it would be the “perfect shield for abusive registrations”.  SeeResearch In Motion Limited v. Privacy Locked LLC/Nat Collicot, WIPO Case No. D2009-0320.

However, particularly given the nature of the disputed domain name as a contraction of the dictionary term “kitchen”, the Panel finds that nothing in the case file indicates that the Respondent had ever known of the Complainant’s rights or that the Respondent registered the disputed domain name to capitalize on the Complainant’s mark.

This finding is supported by the fact that the use of the disputed domain name does not show an intention to target the Complainant or its competitors, as the links displayed on the website published at the disputed domain name are mainly related to cooking recipes and not to the Complainant’s trademark and products.

Instead, in the case at hand, there is no evidence that the Respondent might have registered the disputed domain name with the intention to sell it to the Complainant or to trade off the Complainant’s mark.  Therefore, the Panel also finds that the Respondent’s refusal of the Complainant’s offer for the disputed domain name and his request of a higher sum do not amount to bad faith.

In view of the above, the Panel finds that the Complainant has failed to demonstrate that the Respondent registered and used the disputed domain name in bad faith.”

The Respondent AbdulBasit Makrani was represented in this case by the Law Office of Howard Neu, P.A.

I wanted to convey a message to all people around the world, I will try my best to defend my properties and won’t let them go easily.

Any feedback is welcome.

 

*UPDATE*WIPO decision here

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24 Responses to “My domain KITCHN.com saved in UDRP”

  1. Noor Manji says:

    congratulations on this decision, given all that’s happening with the TM and excessive UDRPs, this news could not have come at a better time.
    Great job by Howard Neu.

    Cheers.

  2. Andrea Paladini says:

    AbdulBasit,
    Congrats for the decision. 🙂
    Was this the first UDRP involving one of your names?

  3. Congrats AbdulBasit!
    Good win for all domainers.
    Good thing you paid for the 3-member panel.
    In UDRP usually you get what you pay for.

  4. Mike Weaver says:

    Congrats Assalamo. Nice to see the good guys win one even if it cost you a bit.

  5. Rod says:

    Abdul, this is great to hear you were able to defend your property. Its a shame that so many companies are using this tactic to bully rightful owners into giving them a domain name.

  6. Tauseef says:

    Often I post here congratulation messages when you make sales. This is the first time I have to say you congrats! for winning the UDRP. I hope this doesn’t occur again. Howard Neu did a great job and I wish you good-luck with this name.

  7. Daniel Pfanzagl says:

    Glad to hear the news, Abdul. Every day such a silly UDRP is denied is a good day for all domainers out there 🙂

    • Thanks Daniel!
      Absolutely right as it’s good news for all domainers who are buying and selling domains legitimately.
      It’s a business like other businesses and people have to understand and accept the fact.

  8. Khawar Saeed says:

    Congratulations Basit Saab, Its a great news
    Congratulations again

  9. Ron says:

    Great. Now sell it to them in case they want global name spreading. They might be limited to their location if they don’t take this domain name or they need to change their company name to blah blah.

  10. Muhammad Owais says:

    Very good news for everyone. You defended your name but you did spend some money on it. Now there must be some sort of fine on the other party which can atleast cover the money you spent defending this name plus suing them for trying to defame you and hijack your assets. Is there something like that Abdul Basit?

    • Unfortunately that’s not the case for any winner even when RDNH is found. Winning respondent simply keeps the domain. That’s why people talk about bringing in changes but that doesn’t seems to be happening anytime soon…

  11. saeed says:

    Congrats on your Success!!

  12. […] our last UDRP win for Kitchn.com, this time it was PrintFactory.com on target. I already mentioned about the […]

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