Panel points out the perils of descriptive marks. Marchex has successfully defended a UDRP case brought against its domain name Walkaway.com with the help of domain name attorney John Berryhill. Complainant Walkaway Canada Incorporated is the company behind the Hyundai Assurance program. The program allowed new car buyers the opportunity to return their car and walk away from the loan in the event of a certain life event such as a job loss. It was offered during the depths of the recession when people were scared to buy cars because they might lose their job
Chronology of registration “fatal” to complainant’s case. Marchex has successfully defended the domain name uFirst.com, which it acquired as part of the acquisition of Ultimate Search. The challenge was brought by a United First Financial, a company that claims it can help you “build wealth and eliminate debt simultaneously”.