When is a UDRP claim more, and less, than a UDRP claim? William Morris reports:
The Panel spent considerable effort recounting the facts and allegations between the parties, which involved multiple cease-and-desist letters, offers to sell the disputed domains, filing of trademark infringement complaints with the concerned registrars, and a pending petition before the TTAB to cancel the Complainant’s federal trademark registration. Faced with conflicting factual claims and an assortment of legal claims, the Panel took the high road:
“On the basis of the statements and documents submitted by the Parties, the Panel has concluded that this case involves disputes regarding trademark rights and usage, trademark infringement, unfair competition, deceptive trade practices and related state law issues beyond the scope of the Panelâ€™s limited jurisdiction under the Policy.”
William raises the perfectly good question of whether the panel showed admirable restraint… or just punted.