Clothing Company Fails To Upgrade Domain Name Through UDRP

Clothing company fails to upgrade domain name through UDRP

Clothing company goes after shorter domain name through UDRP.

Image of LittleJonesiesCo.com website showing kids clothes

This clothing company tried to upgrade its domain from LittleJonesiesCo.com to LittleJonesies.com through UDRP. It failed.

A kids and women’s clothing company has lost a cybersquatting dispute against the domain LittleJonesies.com, which is owned by someone with the last name Jones.

The Complainant, Little Jonesies LLC, uses the domain name LittleJonesiesCo.com.

David Jones of Idaho registered the domain in January 2016.

Little Jonesies LLC filed trademarks for the term in 2017 but claimed first use in commerce of 2015.

Interestingly, the company didn’t register its own domain name until April 2016, after LittleJonesies.com was registered. It might have just been using third-party ecommece platforms like Etsy without its own domain name.

In its complaint, the clothing seller didn’t address the fact that the registrant’s last name is Jones, which is a decent tip-off that it might have rights or legitimate interests in the domain.

Jones didn’t make a formal reply in the case but said he registered the domain with plans to start a business. He could have just as easily said he registered it because he has kids and it would suffice as a legitimate interest.

The Complainant also failed to provide any evidence that the domain was used in bad faith. It resolved to an error page at the time the complaint was filed.

Panelist David H. Bernstein did not consider reverse domain name hijacking. Thorpe North & Western LLP represented the Complainant.

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Author: Andrew Allemann

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