Yo Quiero Domain Name - Yum! Brands (Taco Bell) v. Nelson Wellness & Therapy Center

You may have seen Taco Bell's New Year weight loss campaign, "Drive Thru Diet."  I have to admit, I have sampled the menu. Taco Bell acquired www.drivethrudiet.com prior to the campaign launch in 2010, but did not secure www.drivethroughdiet.com, a domain owned by a Georgia weight loss center.

Yum! Brands, the parent company of Taco Bell, filed a UDRP Bad Faith action to acquire the Georgia weight loss center's domain name.

The arbitration panel denied Yum! Brand's request to transfer drivethroughdiet.com based on 4 factors:

  • 1) Drivethrudiet.com was under construction until December 21, 2009;
  • 2) Yum! Brands did not provide evidence of using their trademark first;
  • 3) The trademark registration for, DRIVE-THRU DIET was assigned to Yum! Brands in October 2008, and
  • 4) There was no evidence the Georgia weight loss center had registered and used their domain in bad faith.

To be successful on an UDRP bad faith/cybersquatting claiming the following factors must be meet:

  • Domain name in question is identical or confusingly similar to a trademark in which Complainant has rights
  • Respondent has no legitimate rights/interests in domain name
  • Domain name has been registered and used in bad faith.

Read the arbitration decision here.

Listen to attorney Tamera Bennett and attorney Gordon Firemark discuss this decision on the Entertainment Law Update Podcast Episode 8.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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