A few months ago, Fieldd Pty Ltd initiated legal action against Jessica Duarte, claiming ownership of fieldd.com.
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There are certain aspects of this argument that are questionable. According to the dоcuments filed, it appears that Duarte founded a company called Fieldd with her wife back in 2014 and registered fieldd.com under her name. Later, she added Fieldd Software LLC to Whois as the registrant organization. The business failed, and Duarte removed the business name from the registrant organization field of the domain name Whois record. Duarte's enterprise provided software for field service businesses.
In 2019, after Fieldd Software wound down, Fieldd Pty Ltd launched a business at fieldd.co that seemed almost identical to what Fieldd Software did. It appears that Fieldd Pty coveted fieldd.com and attempted to buy it. When it couldn't acquire it for the price it desired, it filed both a UDRP and a lawsuit.
I believe there are several problems with this situation, such as the domain name, which is not particularly good, and the original UDRP, which was based on technicalities because the domain owner registered the domain before Fieldd Pty even existed. Furthermore, a UDRP panelist Matthew Harris filed a lengthy dissent, and the domain owner's actions at the heat of the moment, just as Fieldd Pty was attempting to purchase the domain, come across as suspicious.
This is a frequent occurrence in disputes of this nature. Domain owners are threatened despite not having done anything wrong, and they quickly take action that makes them appear shady.
The lawsuit's arguments are also problematic, particularly the claims of actual consumer confusion due to defendant's conduct. This type of domain confusion between top-level domains is common, and it may not necessarily imply confusion between the marks.
Regardless of how this situation ultimately resolves, both Fieldd Pty and Duarte are likely to suffer losses. Fieldd could have purchased the domain for $9,500 in 2020, but it declined. Duarte also faces legal expenses. Even if one party wins and gets legal fees paid, the stress and effort required for this litigation will be considerable, particularly for such a suboptimal domain name.