Someone I know has recently taken on some responsibilities on a local non-profit board, I'l call them XYZ Craft Market. She wrote to me yesterday wanting to pick my brains about their website.
One of the problems would be of interest to this forum: Someone in XYZ town registered XYZcraftmarket.com out from under them while they were just getting organized. He was not involved with the market or the board but apparently was having a fight with someone who was.
In nearly a decade since then, he has been making hostile use of the domain in a variety of ways. At the moment it is framing the site of a competing market in a nearby town.
The name XYZ Craft Market was trademarked in 2013, with the first use named as 11-19-2010, and first use in commerce 12-01-2010,
Trouble is, the domain was registered a few weeks before that. The timeline would certainly complicate a UDRP appeal.
The market is currently using XYZcraftmarket.org for their website, which seems sensible enough for a non-profit, but of course it galls them what's being done with the dot-com.. The guy has refused all pleas to stop doing what he's doing, including a letter from a trademark lawyer.
I get the impression that no one in the situation knew of the UDRP process, but because of the timelines their prospects might be iffy even if they went that route. They don't have deep pockets so they'd need to think hard and carefully before any legal action beyond what they've already tried.
I have often advised that it's a good idea to get control of the dot-com version of your domain name if you can, even if you actually use a different TLD. It's dismaying to encounter a situation where the thinking behind that advice is not just a theoretical concern, it's all too real.
I'd be interested to hear any thoughts or suggestions from this forum. Any advice for XYZ Craft Market?