Australian fashion designer Kym Ellery has secured the premium generic domain name, Ellery.com, potentially through a UDRP filing.
DomainInvesting.com mentioned the filing of a UDRP on Ellery.com on January 14, 2016. I checked several sources this morning and the UDRP status (case active) has not updated at time of this posting, yet late Sunday the domain name transferred ownership from GoDaddy’s NameFind, LLC to Kym Ellery.
Newly updated whois record on Ellery.com
Since the UDRP status states “case active”, it is unclear if the UDRP was successful, denied or withdrawn.
What we do know currently, Kym Ellery, the owner of Ellery Land PTY LTD has taken ownership of the domain name Ellery.com.
The generic domain name was part of the Marchex domain name portfolio that GoDaddy acquired for $28 million dollars.
Ellery is a surname and a given name.
Ellery.com, the domain name, has been registered since June 29, 2001. ElleryLand.com was created March 13, 2007, the same year Kym Ellery launched the Ellery Land PTY LTD. fashion line in Sydney.
IMO, if this domain name was lost in a UDRP, it’s a broken system! Many other companies and individual use the “Ellery” name. It’s a surname! It’s also a given name.
Just because Ellery Land PTY LTD filed trademarks in 2013 (abandoned) and 2014 for eyeglass cases and clothing , gives them no legal right to the ownership of Ellery.com IMO, due to its creation date of 2001. There is potential that they used the “change of ownership” that took place April 23, 2015 from Marchex to NameFind LLC to bypass the 2001 creation date.
To note, I did not see “eyeglass cases” or “clothing” ads displayed on the domain name, but it has been parked with a for sale message for several years.
Personally, I can only hope that GoDaddy won this UDRP, RDNH was found and Ellery Land PTY LTD paid money to acquire the domain name as they should have to if they want to have ownership of it!