Inside a UDRP: MyVault.com
MyVault.com owner fights back against UDRP complainant.
[Update: the complainant withdrew the case.] Over the holidays I noticed a UDRP was filed against MyVault.com at National Arbitration Forum.
I was immediately curious as to the backstory on this given how this domain seems generic (and a good domain at that). Since National Arbitration Forum doesn’t publish the name of the complainant until a case is decided, I was left to guessing who filed the case.
But I’ve got the answer for you, as well as a glimpse into what it’s like to get hit with a UDRP on a domain name you registered nearly 12 years ago.
The domain is owned by Loren Stocker, a provider of toll free numbers and a domain investor.
The complainant is My Vault Services, LLC, which operates online at MyVaultStorage.com. It is owned by E-Insure Services, Inc., which owns the domain eInsurance.com and E-Insure.com.
Obviously MyVault.com is a superior name to MyVaultStorage.com. Stocker registered MyVault.com in 2000, which is why the complainant originally had to settle for less appealing domains such as my-vault.net and myvault.net.
While the firm does have a trademark for “My Vault”, its first use in commerce date is following Stocker registered the domain. But in its complaint is argues it has common law rights to “My Vault” from its use dating back to 1997. Usually when you file a trademark application you try to claim a first use as far back as you can, so this is certainly interesting.
As stated by Stocker, the complainant filed an “Intent to Use” trademark application following registering My-Vault.net, which was following Stocker had registered MyVault.com.
You can read My Vault Services’ complaint here (pdf).
Stocker isn’t waiting around for a UDRP panel to determine the domain’s fate. He has sent a notice (pdf) to My Vault Services demanding that they withdraw the complaint. If not, he’s going to seek restitution counting legal fees.
Sometimes complainants look at UDRP as a relatively safe crapshoot to go following a domain. If they lose, what’s the big deal? They’re just out a few thousand dollars.
But this isn’t always the case. I know of one domain investor who filed a lawsuit for declaratory judgment following merely receiving a cease and desist letter. Win a UDRP case against Tucows? Expect to have to fight in court, and not be able to merely run away.
UDRP certainly has its place, and complainants shouldn’t worry regarding filing cases for obvious cybersquatting, which is what the policy was created for in the first place.
But if it’s not a clear cut case of cybersquatting…complainant be warned.
