This is the (initial) Response of LodgingKits.com to a UDRP complaint by Lodging Kit Co. The Complainant was attempting to enforce essentially non-existent rights, and we called them on it. Lodging Kit Co. had attempted to register LODGING KIT with the USPTO, but was rejected for descriptiveness. Rather than assert any acquired distinctiveness, Complainant conceded the descriptiveness and their lack of rights in the phrase and sought registration on the Supplemental Register.
Then they turned around and tried to rely on that registration in the UDRP.
The Complaint in the case is not mine to post, but it should be clear from the Response that the Complaint amounted to little more than the sample document provided by the forum with a little bit of fill-in-the-blank to cover the specifics of the case. What was strikingly absent was any supporting evidence at all, or even assertions that might have done even a little work for the Complainant.
Ultimately, this Response (and the Supplemental Response, also uploaded to JDSupra) served to defend the owner of LodgingKits.com, transfer was denied.
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Intellectual Property Updates
Federal, 3rd Circuit |
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