Yale University goes after Yale.mobi.
Ivy League institution Yale University believes in the mobile web. Or at least it believes in protecting its name.
The university has filed a UDRP arbitration at World Intellectual Property Organization (WIPO) for the domain Yale.mobi.
Of course just because the first thing that may come to mind is the prestigious university doesn’t mean that this domain is cybersquatting. It could be registered for someone with the last name Yale. Or the college in Wales. Furthermore, the domain hosts a free GoDaddy parking page that doesn’t include any specific paid links. There are plenty of fair uses — including a disgruntled student who’s mad he didn’t get accepted to the school.
The domain is owned by Interwebgroup, LLC. The company’s web site reads:
To successfully market products or services online requires an integrated approach using a variety of E-Commerce marketing techniques that ultimately feed and support one another. To effectively manage these initiatives requires sound decision-making backed by marketing analytics. These analytics provide the data necessary to move quickly to emphasize those initiatives that are working and eliminate those that are not.
In an e-mail, Interwebgroup owner Michael Hodge wrote to Domain Name Wire:
Someone at yale needs to look at their legal expenses. I offered to sell it to them for 900 dollars and they have spent probably in excess of 5 thousand in fees and expenses and we are just getting started. I will fight it. Yale does not even own Yale.com
He has a point. Why should Yale University get the domain and not Yale Materials Handling Corporation, which owns the .com?
I suspect this case will come down to the details of the interaction between Yale and Hodges that prompted the $900 offer.
[Update 12/22/08: Hodge didn’t respond to the WIPO complaint and lost the proceeding.]
Ken says
/ “There are plenty of fair USES.” Andrew /
This is true. At the same time one of these valid uses would need to be under development before any claims are made against the domain name. It appears that’s not the case here.
/ “I offered to sell it to them for 900 dollars … ” MH /
That in itself could easily be used as an argument against the domain owner as evidence of bad faith. It shows that he had no intentions of any fair use, as mention above, but only sought to profit from the name. Under normal circumstances that’s legitimate but not when someone else already has a standing Federal trademark on the name “Yale”.
/ “Why should Yale University get the domain and not Yale Materials Handling Corporation, which owns the .com?” Andrew /
Actually, both entities would have a claim against Yale.mobi. It simply comes down to who lays claim first. Though Yale Materials would be the senior mark owner.
/ “… this case will come down to the details of the interaction between Yale and Hodges that prompted the $900 offer.” Andrew /
I agree. Even if Yale initiated negotiations for Yale.mobi, the domain owner never should have offered it for sale. At the very least have legal counsel to negotiate a non disclosure settlement that can’t be used against the seller.
With a name that well known he should have never registered it:
Yale
Registration Number: #1391903
FIRST USE IN COMMERCE: 1814
Owner: YALE UNIVERSITY
Ricardo says
I’m sure the Yale Lock company would like to have it.
Yale Lock started in 1840 in the U.S.
They are a mid-size international company.
http://www2.yalelock.com/Yale/Templates/LocalNormal____1630.aspx
Rob Sequin says
“I offered to sell it to them for 900 dollars”
Doh!
What’s he going to fight? I think a WIPO attorney will charge a bit more than $900.
Cut your losses dude. You have nothing to prove here.
Andrew says
@ Rob – looks like he came to the same conclusion. He didn’t respond and lost hte domain.