In the case of BubbleMania and Company LA, LLC ® v. Caroline Dues / BubbleMania and Company Inc, an NAF Panel denied the Complainant’s efforts to have the domain name <bubblemaniaandcompany.com> transferred because the dispute between the parties involved contractual issues outside the scope of the UDRP.
The Complainant is in the business of providing entertainment services, including soap bubble, science themed performances for children. It bought the company from a previous owner, who had apparently hired the Respondent to register what became the disputed domain name. After the transaction, the Respondent refused to turn the disputed domain name over. This UDRP action followed.
The Panel made no findings under any of the three UDRP elements, instead dismissing the complaint on the preliminary issue of whether the dispute was within the scope of the UDRP. The Panel compared this case to an earlier case of Love v. Barnett, FA 944826 (Nat. Arb. Forum May 14, 2007), in which that panel stated:
A dispute, such as the present one, between parties who each have at least a prima facie case for rights in the disputed domain names is outside the scope of the Policy … the present case appears to hinge mostly on a business or civil dispute between the parties, with possible causes of action for breach of contract or fiduciary duty. Thus, the majority holds that the subject matter is outside the scope of the UDRP and dismisses the Complaint.
In this case, that Panel found that the dispute contained questions of contractual interpretation, and thus fell outside the scope of the UDRP. Because the Panel found this matter fell outside the scope of the UDRP, it dismissed the complaint.
BubbleMania and Company LA, LLC ® v. Caroline Dues / BubbleMania and Company Inc, NAF Claim Number: FA1603001663923 (April 11, 2016)
About the Author: Evan Brown is a technology and intellectual property attorney helping clients with a wide variety of issues, including domain name disputes under the UDRP. Call him at (630) 362-7237, send email to ebrown [at] internetcases.com, or follow him on Twitter @internetcases. Read Evan’s other blog, internetcases, for more information about general internet law.