RDNH decision coming soon: eurobaby.com owned by Marchex Sales, Inc gets hit with a UDRP at WIPO

A complaint was filed yesterday at the World Intellectual Property Organization (WIPO) for the domain name eurobaby.com. The complainant is Eurocycles & Eurobaby Eurotrek Group Limited/Liam Sutcliffe that is a company/person based in Dublin, Ireland. Complainant owns the domain name eurocycles.com and uses it as it’s official website for selling bicycles. Eurocycle.com was registered in 1997 and is owned by a third party.

Liam Sutcliffe applied as a physical person for two (EU) Community Trade Marks (CTM): “EUROCYCLES EUROBABY” as a word trademark and “EUROBABY” as figurative trademark. The filling date is 15/05/2012 and of course the trademarks are not yet registered. The trademarks were published for opposition on 09/08/2012. There are no Irish trademarks registered for “eurobaby” or any trademarks by Liam Sutcliffe in Ireland.

Eurobaby.com was registered on the 26th of September 2000. Even if Complainant claims that eurobaby.com was acquired by Marchex Sales, Inc at a later date (with the acquisition of the Ultimate Search portfolio), many years have passed between the date of acquisition and the supposedly future registration of Complainant’s trademarks.

The domain eurobaby.com features a lot of “baby” links but no “bicycle” links at all. It is only logical as babies don’t use bicycles! Kids do. EUROBABY is not such a clever name for this company.

This is a slam dunk Reverse Domain Name Hijacking (RDNH) case for John Berryhill and I look forward to the decision. Marchex Sales, Inc has won all 3 UDRP complaints in 2012.

This is the first UDRP complaint for Liam Sutcliffe and probably the last one too.