Cybersquatting claim against car parts site — Tesla loses

Cybersquatting case falls flat due to reseller/accessory exception.

Tesla has lost a cybersquatting complaint it filed against the owner of TeslaShop .com.

The domain name resolves to a page that states (translated from Polish):

First, let’s get one thing straight – we’re crazy regarding Tesla. We love them, admire them and drive them with great pleasure. We are also excited regarding the development of electromobility and it ignites our imagination more than the Seicento in gas.

But let’s not pretend. We also know the problems of the users of these beautiful cars – counting the extremely expensive parts. This is where our business was born.

The panelist reviewing the matter noted an exception in Uniform Domain Name Dispute Resolution Policy (UDRP) cases that is generally applied to service and parts suppliers of brands.

Panelist Jeffrey M. Samuels evaluated the site and agreed that this domain falls under that exception. Notably, any reasonable person who visited the site would not think the domain was operated by Tesla itself.

Thus, he ruled that the domain owner has rights or legitimate interests in the domain name. He denied Tesla’s claim and ordered the domain to remain with the domain owner.

ArentFox Schiff LLP represented Tesla, and SikoraLegal Rafał Sikora represented the domain owner.