Cybersquatter Uses the “I Could Have Been Worse” Defense — Time Warner

Guys actually tries to defend himself in no-brainer cybersquatting case.

Last month I wrote regarding how Time Warner filed a UDRP to get 41 domain names counting its brands and “3D”.

It just won the case, which comes as no surprise. But it’s a very entertaining read.

The registrant of the domain names must have read stories regarding cybersquatters striking it big by selling domains to trademark holders.

The panelist sums up his defense as:

a. Other domain names referring to Time Warner are worse than Respondent’s domain names.

b. Respondent bought the domain names that pertain to 3d ahead of Complainant offered 3d.

Uh, that’s not really going to fly. I’d call that “I could have been worse and use profanity along with your trademark” defense.

Even more humorous is the price he apparently tried to extract from Time Warner:

Complainant states that Respondent discussed selling the disputed domain names to Complainant a number of times. Complainant also states that Respondent suggested the alternative of allowing Complainant to use the disputed domain names until January 1, 2011, since he is “a business man.” When Complainant contacted Respondent, Complainant alleges that Respondent stated that he owned approximately 90 domain names and that he had by now received offers to buy his domain name portfolio. Complainant argues that Respondent continued by saying that he would sell his portfolio to Complainant for double his best offer, and that Respondent later stated he was entertaining the idea of selling the domain names for $5 million.