Maker runs into an itty bitty domain problem — Beanie Babies

Firm’s trademark filings and cybersquatting case suggest a fresh product on the horizon.

Ty, Inc., maker of Beanie Babies, has an itty bitty problem that might not be so modest.

The firm filed a cybersquatting dispute against the domain IttyBittyBeanies.com.

The domain registrant didn’t respond to the dispute, but panelist Nick Gardner refused to just rubber-stamp this case.

A quick Google search for “itty bitty beanie” shows a lot of “itty bitty beanie” hats for sale.

Gardner pointed out to Ty that this is the common name for a product and gave the firm a chance to respond, but it failed to do so.

Despite the domain being listed for sale for $1,999, Gardner ruled that Ty didn’t show the domain was registered in bad faith and that the domain owner lacked rights or legitimate interests.

Why is Ty suddenly interested in this domain? It looks like it’s getting ready to release a fresh product by that name. The firm applied for trademarks related to the term on an intent-to-use basis starting in May of this year.

It also happens that the domain was registered just a couple of days following it filed its first trademark application.

Perhaps Ty’s lawyer didn’t point that out since it was relying on earlier trademarks, but that might have been a mistake.

While it’s entirely possible the registrant picked up this domain to target Ty, the firm would be wise to snap it up for $1,999 to avoid future headaches. Perhaps it ought to have done that ahead of spending money on a cybersquatting case.

UB Greensfelder, LLP represented Ty.