WIPO and ICANN have created the Uniform Domain Name Dispute Resolution Procedure (UDRP) to allow for a relatively quick and innexpensive way to retreive allegedly squatted Domains, based on the assumption that a registered trademark deserves to be protected. However, while Motorola uses the “Razr” moniker to depict one of its most famous line of phones and holds the Registered trademark “Moto” since 2001, the trademark “Motorazr” was filed in July ‘05 but has not yet been granted. Meanwhile, Domain Name MotoRazr.com was registered by its present holder, who runs an informative/community site on the product. The court decided that it should keep it.

This case is interesting on a number of levels. Firstly, it is a lesson for TM holders as it shows it is unnecessary to “bully” one’s way to a domain name: a sensible approach to brand management is more essential than ever because the domain name might be hard to get back even if you are a Fortune 500 company with trademark rights.

Secondly the content of a site to which the domain name is attached is key. The ruling might have been vastly different had the website been only a blank page or a mere parking page (which Motorola wrongly alleged). Here, the court appreciated the fact that the site was a community site: some publicity was found, yes, but the main content was informative and the domain name was not used in “bad faith”.

Lastly, it shows the importance of concertation. This case is the exact opposite of a money grabbing scheme: the domain name seemed to be used to inform a community about a product, not to steal revenue advertising from Motorola… Had the Mobile giant reacted in a more sensible manner, a transaction might have been possible? Though not ground breaking, this must be kept in mind, by TM holders, domainers and squatters alike: as effective as ever, UDPR is no “silver bullet”, providing certain steps are respected.