
WEST PALM BEACH, FL – For more than two decades, domain-name disputes have been guided by a widely accepted principle: when a domain registrant attempts to sell a domain to a trademark owner for a substantial sum, that offer is often treated as evidence of bad-faith registration. The Uniform Domain Name Dispute Resolution Policy (UDRP) expressly identifies this type of conduct as a hallmark of cybersquatting.
Yet a recent decision involving Los Angeles Rams and the ultra-premium domain Rams.com cuts sharply against the way many brand owners, and even some investors, assume UDRP panels operate.
The ruling is more than a routine loss for a sports franchise. It is a reminder that context, timing, and the inherent nature of a domain name still matter, even in an era where trademark enforcement has become increasingly aggressive.
The Conventional Wisdom: Sell to the Trademark Owner = Bad Faith
Under Paragraph 4(b)(i) of the UDRP, panels are permitted to infer bad faith when a domain name is registered “primarily for the purpose of selling” it to the trademark owner for consideration beyond out-of-pocket costs.
Over time, this provision has hardened into a near-mythical rule among non-specialists:
If you offer to sell a domain to a trademark owner, you lose.
But that interpretation oversimplifies what UDRP panels actually analyze. The policy does not prohibit domain sales. It prohibits registration with a primary intent to target a trademark holder’s goodwill.
That distinction proved decisive in the Rams.com dispute.
Why Rams.com Was Different
In the Rams.com case, the panel did not dispute that the domain owner engaged in high-value negotiations. Reports indicate that discussions involved seven-figure numbers – exactly the type of fact that usually alarms brand lawyers.
What the panel focused on instead was intent at the time of registration, not later market behavior.
Three factors stood out.
1. “Rams” Is a Dictionary Word With Broad, Independent Value
Unlike coined marks or highly distinctive brand names, rams is a common English plural noun. It refers to animals, astrological symbols, machinery components, military terms, surnames, and more.
That matters because UDRP panels consistently recognize that generic and dictionary words carry intrinsic value independent of any one trademark owner.
Owning a generic word domain – even one that overlaps with a famous brand – is not inherently abusive. Panels routinely ask a critical question:
Was this domain registered because of the trademark – or despite it?
In Rams.com, the complainant could not convincingly show that the registrant acquired the domain with the football team in mind rather than for its generic value.
2. Timing and Targeting Were Missing
UDRP cases often turn on evidence of targeting – emails, content, redirects, or conduct that show the registrant sought to capitalize on brand confusion.
Here, the panel found no meaningful evidence that Rams.com was used to impersonate, divert, or confuse users seeking the football team. There was no deceptive content, no attempt to trade on NFL branding, and no effort to masquerade as the club.
Crucially, the sale discussions occurred after unsolicited interest, not as part of an initial strategy to extract value from the trademark owner.
Panels have repeatedly held that responding to an inquiry – even with a high asking price – is not the same as registering a domain for the purpose of selling it to a brand owner.
3. Offering a Domain for Sale Is Not Automatically Bad Faith
This is the point most often misunderstood.
UDRP jurisprudence is clear that domain investing itself is not illegitimate. Buying, holding, and selling domain names – including valuable ones – is lawful and widely recognized as a legitimate business model.
Bad faith arises only when:
- the domain was registered because of the trademark, and
- the registrant’s conduct shows intent to exploit trademark goodwill rather than general market value.
In Rams.com, the panel concluded that the evidence did not meet that threshold.
Why This Decision Is Especially Newsworthy
On the surface, this looks like just another UDRP denial. In reality, it carries broader implications.
1. It Pushes Back Against Trademark Overreach
Large brands increasingly treat UDRP as a low-cost acquisition tool rather than a remedy for genuine abuse. High-profile losses like this remind complainants that UDRP is not a shortcut around the aftermarket.
2. It Reinforces the Value of Premium Generic Domains
This decision quietly strengthens the position of investors holding high-value dictionary domains that overlap with brands. It confirms that price alone does not taint legitimacy.
3. It Highlights the Central Role of Intent
UDRP was designed to punish clear cybersquatting, not to regulate domain markets. By refocusing on registration intent rather than post-registration negotiation, the panel reaffirmed that original purpose.
Strategic Takeaways for Domain Investors
For serious domain investors, the Rams.com ruling reinforces several best practices:
- Document legitimate acquisition reasons, especially for generic domains.
- Avoid brand-targeted use or content, even passively.
- Let inquiries come to you rather than aggressively soliciting trademark owners.
- Understand that negotiation is allowed – targeting is not.
For brands, the message is equally clear: owning a trademark does not entitle you to a generic .com simply because it is expensive or desirable.
As domain portfolios increasingly resemble alternative digital assets, disputes like Rams.com serve as important boundary markers. They show where trademark protection ends and market economics begin.
It is also worth noting that the domain respondent was represented by John Berryhill, a well-known and widely respected attorney in the domain-name industry who has long represented domain investors in UDRP and related disputes. While panel decisions are based on the facts and applicable policy, experienced representation can play a role in effectively framing arguments and addressing the evidentiary standards required under the UDRP.

About The Author: John Colascione is Chief Executive Officer of SEARCHEN NETWORKS®. He specializes in Website Monetization, is a Google AdWords Certified Professional, authored a how-to book called ”Mastering Your Website‘, and is a key player in several online businesses.

*** Here Is A List Of Some Of The Best Domain Name Resources Available ***
Leave a Reply