Whoops. Ulta should have accepted this offer – Domain Name Wire

The domain owner offered to transfer the domain but later won the dispute.

In the end, a bad decision.

I imagine it will be difficult for the lawyers in a recent cybersquatting case to explain the outcome to their client.

Beauty store company Ulta (NASDAQ: ULTA) has filed a UDRP against the owner of UltaChat.com.

The domain name holder, who appears to be a serial entrepreneur, said he acquired the domain along with many others for a possible chat application. He ended up opting for one of the product’s other domains and offered to transfer UltaChat.com to Ulta, provided the company agreed before he had to file a formal response to the UDRP.

Ulta’s lawyers didn’t respond to name transfer offers…and lost the UDRP.

National Arbitration Forum panelist David Sorkin said the registrant’s story was plausible and seemed upset that Ulta’s lawyers did not respond to the registrant’s offer:

The Respondent asserts that he registered the disputed domain name with other domain names as candidates for a product to be launched by his company, and that a different name was ultimately selected. The Panel considers this assertion to be plausible and, while unsubstantiated, it is at least consistent with the evidence presented to the Panel, including Respondent’s repeated offers to transfer the domain name to Complainant (to which Complainant does not appear to have answered). There is no indication that Respondent sought or expected payment in exchange for the transfer of the domain name to Complainant, at least on the condition that a resolution could be agreed upon prior to Respondent’s deadline for submitting its Response in these proceedings.

So now Ulta’s attorneys at Barnes & Thornburg LLP have to tell their client that they lost the case and declined the guaranteed offer to get the domain for free.