The UDRP case regarding Takeout.COM
 

Tarheel Take-Out, LLC found Guilty Of Reverse Domain Name Highjacking on 13 year old domain name takeout.com.
  Tarheel Take-Out, LLC, North Carolina loses UDRP case in its attempt to unfairly grab 13 year old takeout.com.

The WIPO panelists found Tarheel Take-Out, LLC to be Reverse Domain Name Hijackers.
 


The domain holder registered the domain name takeout.com back in 1999. The Complainant filed to register trademarks on the March 9th 2010 and the trademark was registered on April 12th 2012 and initiated the UDRP case in August 2012.


The 3 panelists found that the takeout.com domain name had neither been registered in bad faith nor was the takeout.com domain name being used in bad faith.
 

The WIPO panelist stated:

"In the view of the Panel, the present Complaint is one which should never have been launched and where the case as advanced by the Complainant was not likely to succeed. It was also presented in an incomplete manner. There are multiple defects in the case advanced by the Complainant."

The ruling on the case (Tarheel Take-Out, LLC v. Versimedia, Inc.) can be found at
WIPO No. Case D2012-1668
 

In deciding that the Complainant was guilty of Reverse Domain Name Hijacking, the panelist's conclusion sums up by saying:

"For Complainant to have brought these meritless UDRP proceedings in the first place is such circumstances and to have put the Respondent to the not insignificant cost of having to mount a defense to a baseless claim should be discouraged."



  
 
 

There are news stories about the takeout.com domain name UDRP case on:

DomainNameWire.com North Carolina food delivery service files UDRP against Takeout.com

TheDomains.com Takeout.com Wins UDRP & Gets A Finding Of Reverse Domain Name Hijacking.

There are numerous sources for "Reverse Domain Name Hijacking".  Amongst these are RDNH.com and HallOfShame.com (which includes a current list of those found guilty of trying to Reverse Hijack a Domain Name in which they had no legal rights. In other words they tried to bully the rightful owners into relinquishing their property and forcing these innocent parties to spend thousands to defend what they already own).

See also Does the UDRP do more harm than good? and The UDRP: A Problem at the Core of the Internet

 

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