Reglikedomain industry desk

Dispute might be better in the courts — This domain

Dispute might be better in the courts — This domain

The Complainant has a right to be upset but will have difficulty showing trademark rights.

Screenshot of the website at UrgentCareLeominster dot com

UMass Memorial HealthAlliance has lost a UDRP for UrgentCareLeominster .com at World Intellectual Property Organization.

The hospital chain has a right to be upset regarding how the current owner of the domain is using it. The domain owner has created a copy of a former website used by the Complainant (seemingly on the same domain), only inserting a lead gen campaign for health insurance. It includes a picture of the Complainant’s facility and even its UMass Memorial HealthAlliance Hospital logo (with a typo).

The healthcare firm lost the dispute since it didn’t show that it has common law trademarks in Urgent Care Leominster. Leominster is a city in Louisiana. I suspect the panelist, who invited the Complainant to refile with more information regarding the common law mark, would have accepted even nominal evidence.

Still, it seems like it would be a challenge to show common law rights in a very descriptive term. Ought to firms be able to have trademark rights in “Urgent Care (city name)”? That’s kind of like having trademark rights in “(city name) Hospital”.

I suspect the Complainant chose UDRP for this dispute since it is fast and affordable. It might want to file a lawsuit instead. It clearly has a case against a domain owner who is up to no good, even if it doesn’t exactly fit under UDRP.

Also on the wire

Other reporting from the domain desk.