In a scathing opinion, another panel has required the transfer of a domain from Texas International Property Associates. In Dr. Pamela Peeke v. Texas International Property Associates-NA NA, FA1216216 (Nat. Arb. Forum September 8, 2008), the panel found that Respondent’s use of PamelaPeeke.com violated the UDRP policy. Peeke is a purportedly “well-known physician, author, speaker and media personality.” While the Complainant did not have a registered trademark, the panel still found that Complainant established secondary meaning as a source identifier and had “developed its reputation on a national level in the United States since the early 1990’s.” In the first of many scathing comments, the panel observed, “We find Complainant’s assertions persuasive and Respondent’s assertion of ignorance of Complainant, particularly in light of those undenied assertions, patently incredible.”

Regarding the Rights or Legitimate Interests factor, The Respondent did not deny allegations that disputed domain name displayed “hyperlinks to advertising of health-related products and services that may be of interest to Complainant’s customers” and received “click-through fees from these links.” Ultimately the panel found that there was “neither a bona fide offering of goods or services under Policy ¶ 4(c)(i) nor a legitimate noncommercial or fair use under Policy ¶ 4(c)(iii).”

Interestingly the following statement by the panel served as the second scathing commentary/finding.

In its defense, Respondent alleges that the hyperlinks posted to its website resolving from the <pamelapeeke.com> domain name are the responsibility of a contract site manager, and that Respondent has no control over the posted hyperlinks. We find this position-taking disturbingly disingenuous.

For the bad faith prong of the analysis, the panel found the Respondent’s assertion regarding it lack of knowledge of the Complainant to be “incredible in light of the distinctive character of Complainant’s name and the undenied lengths to which Complainant has gone over a long period of years in promoting its profession and business under this mark.”

Since the panel found all three elements proven, the domain transfer request was granted.