Complainant McLaren Health Care Corporation got a trademark registration for the mark “mclaren” on October 16, 2012 so they thought it would be a good idea to file UDRP complaints for every domain name incorporating this very common last name “Mclaren” less than a month later. And for any other last name that is close in spelling to Mclaren.
It was only natural that from all the complaints they filed for various domains that they would find a Panelist that would disregard any common sense and UDRP rules and find in favor of this Health “Care” Corporation that pretty much unknown worldwide. Of course he did. Because otherwise this new client for the National Arbitration Forum would not file for any more complaints and will cost the forum and the panelist a lot of money.
McLaren Health Care Corporation filed for 9 complaints since it got the trademark registration. I will only talk about the obvious last name complaints for domains registered for 8 to 16 years before the trademark registration.
First of all the McLaren Health Care Corporation filed for a complaint in order to steal the domain mclaren.biz away from it’s rightful owner for the past 8 years Alister Mclaren / Mclaren & Mckechnie. Of course Panelist Mr. Hugues G. Richard denied the complaint but before doing that questioned Complainant‘s tactics of not sending a Cease and Desist Letter before filing this ridiculous complaint:
“Before considering the claim on its merits, the Panel would like to discuss the absence of any cease and desist letter in this matter. Before a matter is taken to a tribunal, it is useful to consider sending a cease and desist, which gives an opportunity for the parties to settle their dispute and avoid unnecessary procedures. Had the Complainant done so, this matter may have been resolved through amicable means. The Respondent acknowledged that he would have responded timely to such a letter and would have taken the steps necessary to rectify the matter. Parties are encouraged to communicate with one another in order to settle matters before filing a complaint.”
The Panelist explained why he dismissed the complaint:
“The Respondent, as far back as June 29, 2010, has made preparations in order to provide web content under the <mclaren.biz> domain name.”
“Furthermore, the Respondent is commonly known under the McLaren name. This name is also reflected in the Respondent’s business.”
Then the McLaren Health Care Corporation filed for a complaint in order to steal the domain mclaren.net away from it’s rightful owner for the past 8 years and with the generous help of the Panelist Tyrus R. Atkinson, Jr. it succeeded in this grand theft.
Both Mclaren.net and Mclaren.biz were supposedly parked but both respondents claimed that these were holding pages put there by the hosting/registrar company and they had no control of the page and were not earning any money.
Respondent claimed in an email that his surname is McLaren but did not submit a formal Response in this proceeding claiming that Respondent received the Complaint just before the Christmas period.
I can’t even began to think how this so called Panelist thought when he took away a common last name domain name like mclaren.net from an owner that had registered the domain 8 years before complainant’s trademark registration. The complainant claimed that it was well known in the local area of Dallas before filling for the trademark registration but common law marks have geographic limitations. How in the world was the owner from Essex Great Britain was supposed to know about a local health care company thousands of miles away. Just saying the the respondent registered the domain name mclaren.net with the complainant in mind is an insult to common sense, law and of course the UDRP rules where any panelist is allowed to piss on without any control and consequences. Panelist Tyrus R. Atkinson, Jr. must be very proud of this ridiculous decision that he produced. He will make a lot of money on the future complaints filed from the frivolous “Health Care” Corporation. I will not go into any more details of this so called decision because frankly it is not worth my time…
This so called “McLaren Health Care Corporation” has filled more complaints. One is against a company called McLarens Young International (MYI) that is using the domain name mclarens.com. Maybe Tyrus would like to decide this case as well?
And last but not least “McLaren Health Care Corporation” has filed for a complaint against Buy Domains that owns the domain mclarens.net and the totally unrelated to the mark and last name mclaren, domain: mcclarin.com. Mcclarin is a completely different last name. But of course “panelists” like Tyrus give these companies the nerve to file complaints for these domains. I hope Buy Domains sues this Corporation.
I cannot believe my eyes. This is ridiculous. The panelist who decided to transfer domain name to Complainant should be fired. Or even better, ICANN should withdraw NAF license…
That decision totally stinks! It’s downright theft for a NEW trademark to go back in time and steal domains! A trademark is issued on specific “classifications”. In other words, it is limited to specific goods and services to be offered and clearly listed under the mark when granted. In the case of the word “MCLAREN” there are numerous OTHER trademark holders that do OTHER services than just this new Health Care company.
Here’s just a sample of other “live” US Trademarks: MCLAREN: Motor Sports Data (reg date: 2007), MCLAREN: Engineering of Automotive Power Units (reg date: 2003), MCLAREN: Tires for Loaders and Backhoes (reg date: 2008), MCLAREN: Scale model vehicles (reg date 2005) MCLARENS: Insurance Claims Administration (reg date 1992) !