[wg-b] Reverse hijacking by the big guy against the small business person.

["Robert F. Connelly" <rconnell@psi-japan.com>]

Dear Francis:

Looking forward to seeing you in Yokohama.

I'm writing to you today with respect to a clear case of attempted reverse 
hijacking.  My friend has been operating since 1984 using a trademark 
consisting of a descriptive word followed by "Group".  His .com domain was 
issued in February of 1996.

He has found other uses of his descriptive term combined with a third 
descriptive term by a company operating since 1851.

Now another firm using the descriptive term is suing him for US$10^6 and 
wants something like 10^6 in compensation even if he transfers the domain 
to the plaintiff.  Said firm holds the descriptive term + .com.

I believe the UDRP would find:

1. The domain is not confusingly similar.
2. The defendant (in this suit) has long standing legitimate interests in 
respect to the domain name.
3. The deferent did not register and/or use it in bad faith.

It is clear case of a multi billion dollar company with a weak descriptive 
TM trying to bulldoze a small business person into submission.  (SBA, are 
you listening?)

What can he do?  Can he initiate a UDRP administrative dispute request?

Personal regards, BobC