Was BS.com Stolen? Now At WIPO.

[electronic]

I noticed this morning that BS.com is pending at WIPO.

I also see many recent WhoIs changes; the most recent has a new 2008 creation date.

The current registrar is BizCN.
Old registrar is GoDaddy.

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Current WhoIs:

Current Registrar:
BizCN

Domain name: bs.com
Registrant Contact:
Elaine Maria
Elaine Maria Gross europrem@gmail.com
1-9013286202 fax: 1-9013286202
103 Sham Peng Tong Plaza
Mahe Victoria 10000
sc
Administrative Contact:
Elaine Maria Gross europrem@gmail.com
1-9013286202 fax: 1-9013286202
103 Sham Peng Tong Plaza
Mahe Victoria 10000
sc
Technical Contact:
Elaine Maria Gross europrem@gmail.com
1-9013286202 fax: 1-9013286202
103 Sham Peng Tong Plaza
Mahe Victoria 10000
sc
Billing Contact:
Elaine Maria Gross europrem@gmail.com
1-9013286202 fax: 1-9013286202
103 Sham Peng Tong Plaza
Mahe Victoria 10000
sc
DNS:
yns1.yahoo.com
yns2.yahoo.com
Created: 2008-07-02
Expires: 2018-09-09

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WhoIs from 1 year ago:

Old Registrar:
GoDaddy

Registrant:
Hakan Ozdemir
Levent
Istanbul, Avrupa 34330
Turkey

Domain Name: BS.COM
Created on: 11-Sep-96
Expires on: 09-Sep-07
Last Updated on: 10-Sep-06

Administrative Contact:
Ozdemir, Hakan msavas@caths.co.uk
Levent
Istanbul, Avrupa 34330
Turkey
2120000000 Fax --

Technical Contact:
Ozdemir, Hakan msavas@caths.co.uk
Levent
Istanbul, Avrupa 34330
Turkey
2120000000 Fax --

Domain servers in listed order:
PARK9.SECURESERVER.NET
PARK10.SECURESERVER.NET

[mosaic]

Really funny.but what's wrong??

[atlas]

This is likely a silly question, but how does an UDRP help for a stolen domain if you've just had it parked? That is, how does the identical or confusingly similar test get met?

[Dave Zan]

Originally posted by atlas
This is likely a silly question, but how does an UDRP help for a stolen domain if you've just had it parked? That is, how does the identical or confusingly similar test get met?

Simple: the complainant shows s/he established trademark rights
to the word or so in question, and the domain name's got it.

There's a few limited-circumstance decisions on this sort of thing,
involving allegedly hijacked domain names.

[atlas]

Thanks Dan. But what happens if you didn't have a trademark in your domain name? What if you just had it parked?

[Domo Sapiens]

A strange thing is that the previous owner(S) spent a lot of time defending the "legality" of the domain (in other forums) in the last months...

[Dave Zan]

Originally posted by atlas
Thanks Dan. But what happens if you didn't have a trademark in your domain name? What if you just had it parked?

If you mean the complainant has no trademark rights, then she or
he has practically no enforceable claims.

If you mean the respondent has no trademark rights, it will still be
up to the complainant to prove their so-called case.

[atlas]

I meant the complainant. So, it sounds like the UDRP only helps for a stolen domain if the complainant was actively using it.

[GeorgeK]

The UDRP complaint at WIPO was denied:

http://www.wipo.int/amc/en/domains/d...2008-1010.html

[GT4JP2]

Sad case.

[apples4u]

Moral of the story don't bull **** around

[subg]

The Panel recognizes that there may be more to the story behind ownership of the Domain Name, but if there is, the Panel has not been informed of it.

[GT4JP2]

Here is a link to a np's thread that speaks a little more on the matter. I am TheLegendaryJP there and ran into this case years ago as I used to own bs.net and looked to aquire bs.com naturally

http://www.namepros.com/legal-issues...ble-udrps.html