UDRP You make the call - Toros.com

[jberryhill]

There used to be a feature in US advertisements shown during football games called "You make the call!" The advertiser would show a clip of some gameplay, and ask the audience to judge whether there had been a penalty. After a few commercials, they would come back and explain what happened.

This UDRP decision hasn't been published by WIPO yet.

Take a look at the Complainant, the domain name and the Respondent, and see what you can figure out about this dispute, and its outcome, before the decision is published next week.

Now... YOU make the call!

Do some research and see what you come up with on both sides of this one. Bonus points will be awarded for finding key facts.

 

[jberryhill]

I was wondering why you were so jovial from the start.

Yeah. Ruined the suspense, tho. It will probably be updated when the decision is published on Monday. There’s also a typo in the decision.

 

[Chris Hydrick]

Okay. I guess I need to point out that WiPO posted the outcome incorrectly.

What a relief. I was looking at it like it's already been decided in favor of the complainant, and couldn't find why.

The only argument I could see was if the fertilizer company hard argued that their TM predated the .com registration. Maybe .com.tr would have had a better chance at going after the .org or .net which were registered after .com.tr.

 

[DomainNature]

The Toros word is too generic for complainant to win even in other extensions, this is not Adidas or other made up brands, even apple is not entitled to apple containing domains, I can *** apple any time, I own apple domains.

 

[jberryhill]

One of the two funny things here is that the Respondent also owns the .net and the .org, and the complainant doesn’t even want them.

 

[branding]

One of the two funny things here is that the Respondent also owns the .net and the .org, and the complainant doesn’t even want them.

Funny in the way that they didn't bother to research? In their defense, .net and .org aren't that interesting compared to .com.

However, respondent also owning those strengthens respondent's case.

 

[Joe123]

But they did win TorosGemi.com ... Bullship?

https://www.wipo.int/amc/en/domains/search/text.jsp?case=D2021-1463

Toros in Turkey doesn't mean bull - it is the name of a major mountain range

 

[Gm0]

@jberryhill

Please complete the story for us - RIGHT NOW

I am dying to know the tomfoolery behind this!

 

[Jannes]

The complainant was represented by a UDRP panelist, listed here:

https://www.wipo.int/amc/en/domains/panel/panelists.jsp#172

Which really makes me hope for an RDNH.

 

[Mize]

Toros in Turkey doesn't mean bull - it is the name of a major mountain range

This would help the respondent as BS is fertilizer

 

[jberryhill]

Toros in Turkey doesn't mean bull - it is the name of a major mountain range

…which is named that way for Taurus, the bull, which is Toros in Turkish.

 

[Joe123]

Are the biggies necessary?

I've never heard of Toros the Turkish fertilizer company, but if a University in Turkey is named Toros Universitesi, doesn't that prove that Toros itself isn't in fact a unique term reserved only for the Turkish fertilizer company?

Would a Turkish fertilizer (Toros.com.tr) company dare try to make a claim against Toros Universitesi (Toros.tr + Toros.edu.tr)?

Show attachment 253838

Searching Google via mobile phone in california <site:Toros.*>

Search results in order:

1. Toros.consulting
2. Toros.sk
3. Toros.co.jp
4. Toros.de
5. Toros.com.ar
6. Toros.my
7. Toros.szojelentese.com
8. Toros.ty24.ru
9. Toros.com
10. Toros.finance
11. Toros.edu.tr
12. Toros.com.cn
13. Toros.com.tr

Lots of things are named Toros or its plural Toroslar, especially in southern Turkey where the eponymous mountain range is located:
- a local council: https://toroslar-bld.gov.tr/; https://en.wikipedia.org/wiki/Toroslar
- a basketball team: https://www.fiba.basketball/eurocupwomen/23-24/team/Antalya-Toroslar-Basketbol-SK
- the complainant in this case, a fertiliser producer: https://www.toros.com.tr/en/toros-corporate
- the aforementioned university: https://en.wikipedia.org/wiki/Toros_University
- a public hospital: https://torosdh.saglik.gov.tr/
- a private school group: https://www.toroskoleji.com/
- an electricity company: https://www.toroslaredas.com.tr/
- a taxi brand: https://www.torostaksi.com.tr/
- a resort: https://www.torosdeluxeresort.com.tr/
- a tyre retailer: https://toroslastik.com.tr/
- a public high school: https://torosal.meb.k12.tr/
- a food producer: https://akdeniztoros.com.tr/

 

[Gm0]

@jberryhill

The only other thing I can add is that this fertilizer company has known for 27 years that the .com was owned legally/ethically by someone else. Then, all of the sudden, in 2023, they decide to go after it. Laches comes to mind.

 

[Joe123]

…which is named that way for Taurus, the bull, which is Toros in Turkish.

Although it shares the origin, in Turkey I don't recall hearing or seeing toros referencing bull.

 

[Chris Hydrick]

The only other thing I can add is that this fertilizer company has known for 27 years that the .com was owned legally/ethically by someone else. Then, all of the sudden, in 2023, they decide to go after it. Laches comes to mind.

Winning TorosGemi.com in 2021 probably gave them false confidence to go after Toros .com

 

[branding]

That's why you have to look into Spanish: Toro.es for example.

In Europe, anybody with any form of education will probably recognise the term and it's generic meaning.

 

[jberryhill]

Although it shares the origin, in Turkey I don't recall hearing or seeing toros referencing bull.

What do you call the star constellation "the bull" in Turkish?

In English, it is "Taurus"....

https://en.wikipedia.org/wiki/Taurus_Mountains

The bull was commonly the symbol and depiction of ancient Near Eastern storm gods, hence Taurus the bull, and hence the name of the mountains. The mountains are a place of many ancient storm-god temples. Torrential thunderstorms in these mountains were deemed by the ancient Syrians to be the work of the storm-god Adad to make the Tigris and Euphrates rivers rise and flood and thereby fertilise their land.The Hurrians, probably originators of the various storm-gods of the ancient Near East, were a people whom modern scholars place in the Taurus Mountains at their probable earliest origins.

The domain name has been registered a long time, so they weren't Hurrian to get this one.

In any event, WIPO has hopelessly messed up this thread by posting the wrong case result, so I will attach the decision....

Yes, you read that right. If the Complainant's attorney - a UDRP panelist and trademark attorney had, you know, bothered to look to see if anyone OWNED A TRADEMARK FOR TOROS.COM, they would have found out the Respondent did.

So, you know the one thing I am always saying about 'don't waste your time with trademark databases'. Okay, let me clarify that. If you are going to sign a paper affirmatively declaring that someone doesn't have a trademark, yes, look at a trademark database first.

 

[Gm0]

Bravo John, you are a Bull and the GOAT.

 

[jberryhill]

For the squirrel fans out there...

 

[Joe123]

What do you call the star constellation "the bull" in Turkish?

In English, it is "Taurus"....

In Turkish it's boğa: https://www.astroloji.org/boga.asp

 

[jberryhill]

I mean the name of the mountain range in English is Taurus, which is the sign of the bull. It was ταύρος in Greek in the Macedonian Empire.

 

[ThatNameGuy]

Thanks AI, all lawyers will hopefully be replaced by AI shortly.
These things will be decided automatically.

I'm a lay lawyer myself, and I was wondering how I might use AI to defend myself

 

[Jannes]

I'm a lay lawyer myself, and I was wondering how I might use AI to defend myself

I thought you were suing.

 

[Joe123]

I'm a lay lawyer myself, and I was wondering how I might use AI to defend myself

I don't know if AI or the greatest minds on earth could help with that.

 

[Mister Funsky]

Thanks @jberryhill for the thread and info...entertaining and educational.

ADD: Shout out to all those doing research and posting results!

 

[bmugford]

Hmmm... I already mentioned the respondent owns or owned the .net and .org; so I'm not sure where to look...

At least: (# registered according to namedroppers.com)

153 .orgs contain toros
39 .orgs start with toros
27 .orgs end in toros

255 .nets contain toros
65 .nets start with toros
47 .nets end with toros

1,000+ .coms contain toros
1000+ .coms start with Toros
484 .coms end with Toros
37 .coms starts with Toros + hyphen
17 .coms end with hyphen + Toros

Historically, both the .net and .org have forwarded to Toros.com. Currently, both the .net and .org have the same under construction landing page, whereas the .com is parked with 3 links (recruiting platform, social media posting schedule, schedule generator).

Toros.org.tr registered on 16 MARCH 2023 until 2028.

Toros.net.tr available to register.

Soo many toros sports teams.

Show attachment 253857

I used to live in Tucson for years and frequently went to Toros games as a kid in the 90's.

Brad