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Respondent's Stress & $900k Asking Price in Metco.com UDRP

Started by Domaining News, Jan 10, 2023, 10:24 AM

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Domaining NewsTopic starter

Metco.com has been in existence since 1995 and was the subject of a UDRP filing by a company that aimed to take control of it after almost 27 years.



The Respondent stated in an unofficial response that they had been subjected to unnecessary stress by the Complainant's allegations. They quoted an asking price of $900,000 for the aged domain, which is listed on Afternic.

According to the Complainant, Oerlikon Surface Solutions AG, Switzerland, the Respondent should have been well aware of the METCO mark dating back to 1949, despite registering the domain in 1995. Interestingly, the Complainant's official domain, metcojoiningcladding.com, was registered in June 2022.

Despite the Complainant's claims, the sole panelist at the WIPO held that Metco.com provided services that were distinctly different from those of the Complainant. As a result, the domain name will remain with the Respondent.

ARBITRATION AND MEDIATION CENTER – ADMINISTRATIVE PANEL DECISION‌

Oerlikon Surface Solutions AG v. Bonded Labs, Bonded Labs Case No. D2022-3934

The Parties

Complainant: Oerlikon Surface Solutions AG, Switzerland, represented by BrandIT GmbH, Switzerland

Respondent: Bonded Labs, Bonded Labs, United States of America ("United States")

The Domain Name and Registrar

Disputed domain name: metco.com, registered with Network Solutions, LLC (the "Registrar")

Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center on October 20, 2022. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy. Proceedings began on November 9, 2022. The due date for Response was November 29, 2022. The Respondent sent several informal communications but did not submit a formal Response. Therefore, the Center notified the Parties with Commencement of Panel Appointment Process email on December 1, 2022. The Panel was properly constituted and affirmed that the disputed domain name should be retained by the Respondent.
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