I thought this day would come when Sulit.com.ph would go after those who use the Sulit-related domains that run a competing service. I have just been told that the company has filed a UDRP with ICANN to claim the domain sulit.ph.
The Uniform Domain-Name Dispute Resolution Policy (UDRP) was filed with ICANN, probably early last month, so that Sulit.com.ph may be able to take-over the domain Sulit.ph.
In this case, Sulit.com.ph must establish a number of elements to succeed over the dispute:
- the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
- the registrant does not have any rights or legitimate interests in the domain name; and
- the registrant registered the domain name and is using it in “bad faith.”
Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. The UDRP is a policy between a registrar and its customer and is included in registration agreements for all ICANN-accredited registrars.
What’s interesting to note is that the word “sulit” is a generic Filipino term and, thus, cannot be trademarked. I believe has filed for trademark but has since abandoned. We’re not sure if Sulit.com.ph has also filed a UDRP for the domain sulit.com (which is now parked). ccTLDs like sulit.net.ph and sulit.org.ph have not been registered as well so it looks like the main focus for now is sulit.ph.
Filing for a UDRP isn’t easy and it requires a $1,500 fee from the complainant.