that knot vs theknot decision is the worst I've seen yet (even though it was a couple of years ago).
couple of things really stand out:
1. panel ruled that, in this case, it strains credulity to believe that Respondent acquired this domain name for $5,000 because of its attraction as a dictionary word. If that were the case, one would expect to see links and advertisements related to the kinds of knots made from rope and string, which is the primary meaning of the word âknotâ in the dictionary reference Respondent submitted with its Response. So they penalized him because weddings wasn't the first dictionary reference, although they acknowledge it was there. wow. that really makes good sense. And not believing a dictionary dot com can be worth 5,000? boy, they sure know their internet stuff. And they expect to ads for rope and string for a wedding related dictionary term? that's a keeper! What are the qualification requirements for these panel guys? What interweb reality did they come from?
2. Another reason that the Panel doubts the veracity of Respondentâs claims is that its assertions â particularly, its claims regarding its motivation for acquiring the disputed domain name, and its lack of knowledge of Complainant and its mark at that time â were contained only in the Response submitted and signed on Respondentâs behalf by its counsel, and not in any sworn affidavit signed by an individual with personal knowledge. Uh, you have to be kidding me. This one goes beyond the pale. He was penalized because his lawyer represented him?!
3. Piece de resistance, they inferred he must have had prior knowledge of the company trademark because both partiesâ sites are in the same language (English). I laughed out loud at that one. Time to develop in Swahili I guess.
How was this not appealed in court? I notice theknot has the name, so it must not have happened.
This is the worst one of seen (I've looked at lots, don't know how I missed this one). I wonder we are going to end up, 'cause there's a lot of chilly stuff out there for domainers right now.
