Mastercard loses another Priceless case

Mastercard is devaluing its “Priceless” mark.

Last Friday I wrote regarding how Mastercard lost UDRP cases for pricelessistanbul.com and pricelessamsterdam.com.

It just lost another case (pdf), this one involving pricelesslondon.com, pricelessparis.com, pricelessnewyork.com, pricelesslosangeles.com and pricelessmexico.com.

Why is Mastercard suddenly going following PricelessCity domain names? It appears to be related to its move to associate its “Priceless” trademark with more than just financial services; namely travel services. It also has a campaign around the slogan and city names.

But in this case the registrant of the domains registered them ahead of Mastercard made any move into travel services using the mark. The domains are owned by PlayRage, which was founded by former Oversee.net employee Robert McClinton. McClinton provided a good rationale to the panel regarding why he registered the domains.

Another interesting tidbit from the case: in trying to prove its rights in the “Priceless” term, Mastercard notes that it owns the domain name Priceless.com, which was registered on November 3, 1997.

It appears (from the panel’s write up) that it omitted the fact that it didn’t acquire the domain name until much later.

Mastercard was represented by Partridge IP Law P.C., whose principal is also a UDRP panelist.

McClinton was represented by domain attorney John Berryhill.