Austrian Airlines AG Gets austrianairlines.com in UDRP Decision!
It might seem like an easy decision. The company name is Austrian Airlines and the domain name in question is the company name www.austrianairlines.com. – But.. Do they deserve to get the domain name for free? or should they have to pay for it?
Austrian Airlines (the complainant)
The Complainant is an airline company, founded in 1957, based in Austria and providing air transportation services within Europe and to North America and several countries in Asia. The Complainant is the registered owner of several Austrian, Community, US and international trade marks containing the name AUSTRIAN AIRLINES.
The Complainant claims to have been the holder of the Domain Name for more than 10 years, but, due to an employee’s mistake, the Domain Name registration was not renewed in time and the Domain Name was subsequently registered by the Respondent. After registration, the Complainant sent a demand letter to the Respondent to which it did not receive a response.
The Respondent did not reply to the UDRP Filing.
It appears the UDRP decision was made based on the fact that the Respondent never responded and that the Domain Name was registered in bad faith. However, if a company (or person for that matter) let’s go of a domain name (for any reason) it becomes available again to the general public to register.
Austrian Airlines should have to pay for ownership of this domain name! UDRP decisions (especially with a Sole Panelist making the decision on his own) are not fair. They do not work and should not be replacing the court of law! Buy a domain name | don’t expect to get it for free!
DNJail Comments: “We agree! Austrian Airlines should have to pay for the domain name. It was their own stupidity that caused the situation. Big companies (just like all of us) should manage their assets better than this. For Heavens Sake, it was their website that they forgot to manage and keep a valid registration for. What does this say about other areas of their company, like airplane maintenance? Is this a poorly run Airline? We will not be flying Austrian Airlines”.
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