Mike Berkens Was Right About FatTuesday.com
A company called David Briggs Enterprises, Inc., operators of Fat Tuesday, filed a UDRP on FatTuesday.com. The National Arbitration Forum panel ruled in favor of the complainant, and the FatTuesday.com domain name will be transferred unless legal action is taken by the domain name registrant.
Andrew Allemann published an article about the FatTuesday.com UDRP decision, and I agree with what he wrote. “No, no and no. It’s THE NAME OF A HOLIDAY! It doesn’t matter if a company has been able to also trademark the name for limited purposes.”
When I wrote about the $16,500 sale of FatTuesday.com back in 2007, I said, “In my opinion, the biggest steal was FatTuesday.com, which sold for just $16,500. This is the perfect domain name for a website about New Orleans and Mardi Gras. There is also a famous bar with locations throughout the east coast called Fat Tuesday, and they own the domain name Fat-Tuesday.com.”
In response to my article, Mike Berkens commented, “I was in on the fattuesday.com auction and although I think the domain sold at a nice price the trademark and possible issues related to the chain you referred to was built into the price, that is without such issues i think the domain would have went higher. I do think there is some risk in owning the domain.”
I opined that it was a defensible domain name, and he agreed. He stated further, “I agree that the domain is “very defensible” but you have to take into account in acquiring a name such as this the potential litigation and legal fees in defending the domain and the risk that the domain could be taken. I have seen less “risky” domains taken on weaker trademark arguments. That is not to say I think the owner will lose the name, just that it deflates the value..”
Unfortunately at this point, it looks like the owner is going to lose this domain name unless legal action is taken. My guess is that will happen, but we shall see. I will monitor this domain name’s Whois record to see if it is transferred to the complainant, and I will also be on the lookout for any legal filing.
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