Avayo.net: Latest UDRP complaint bound to fail

Domain Name: avayo.net
UDRP Provider: National Arbitration Forum
Case Number: 1487607

Complainant: The complainant is probably Avaya Inc. that has filed 6 complaints since 2008 and has lost 2 of them as the company has a habit of filing UDRP complaints for similar but not quite the same domains as its registered trademark and those domains happen to be active company websites. I wrote about how they lost the complaint for the domain name ayava.us (notice the different spelling). That is a complaint where complainant lied, NAF messed up whois, Panelist couldn’t read, hosting company suspended the website but the domain ayava.us survived the UDRP complaint. They also lost the complaint for the domain name cavaya.com in 2008. Again the domain cavaya.com was an active website, used by a legitimate company and also the word “Cavaya” means “intelligence” in the Sanskrit language. Avaya Inc. should get a couple of reverse domain name hijacking rulings as they don’t seem to learn from their mistakes.

Why the UDRP complaint is bound to fail: First of all Avaya is not the same as Avayo. The domain was registered in 2005 and belongs to Avayo Electronics, a registered Canadian Corporation. The domain resolves to what is the corporation’s official company website. Avayo Electronics is a manufacturer of communications infrastructure products specialty structured cabling system and raised floor system. The company has at least 12 employees according to LinkedIn. Even if Avayo Electronics is selling similar products to what the complainant sells UDRP is not the way to settle a company/trademark dispute. The company that owns the domain has a legitimate interest. Period.