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October 8, 2010 / Nate Harris

Bsecure Technologies, Inc. v. Michael Cadenhead

Summary of Bsecure Technologies, Inc. v. Michael Cadenhead
(Nat. Arb. Forum Claim No. 1339191)

Filed: August 4, 2010; Decided: September 29, 2010 (Panelist: Terry F. Peppard)

Disputed Domain Name: <besecure.com>

 

besecure.com

 

 

The Parties

Complainant Bsecure Technologies (“Bsecure”) is a Florida-based “world leader in the field of Internet security.” Since 1982, it has used the trademark BSECURE in connection with its security products and services.

Respondent Michael Cadenhead is a former employee and current shareholder of Bsecure. In 2006, while still an employee of Bsecure, Mr. Cadenhead registered the disputed domain name, apparently on behalf of his then-employer. [The decision does not clarify in whose name the domain was initially registered, but the current WHOIS data reflects Mr. Cadenhead as the registrant.] After the present dispute arose, Mr. Cadenhead began using the disputed domain in connection with his pest control business.

Decision

The complaint is dismissed. As the Panel notes:

From our review of the submissions of the parties, it is clear that this is not a dispute within the contemplation of the Policy, which is intended solely to address instances of “cyber-squatting,” defined as the abusive registration and use of Internet domain names. Rather, this is a dispute between business associates which should be confided to the jurisdiction of the appropriate local or national courts.

Commentary

The UDRP is typically only applied where it is undisputed that the respondent owns the disputed domain name. In situations like this, where the ownership is uncertain, the UDRP is inappropriate. See Latent Technology Group, Inc. v. Bryan Fritchie (Nat. Arb. Forum Claim No. 0095285)

The whole “former employee/current shareholder” situation sounds pretty uncomfortable. Then again, I once fired my roommate from a band I was in, and still had to live with him for another three months. I think that’s worse.

Epilogue

<besecure.com> points to the webpage of Mr. Cadenhead’s pest control business, <http://www.dontbugme.com/besecure.htm>.  The website features a “Kids Area” that includes a game called Archibald’s Adventure. The premise? “Archibald Ant is a very fussy odorous house ant who must find food for his colony and stay out of harm’s way.”

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