11|03|2010 09:25 pm EDT
While the loss of the UDRP over ChiliBeans.com at the end of 2008 was certainly bad news for Frank Schilling’s Name Administration Inc. (NAI), Schilling did not sit still, but fought back. Now, after the suit made its way through the court of the Cayman Islands the result is a significant (but non-disclosed) settlement payment to NAI, acknowledging the generic nature of the domain name.
Both parties have agreed that NAI’s use of the generic Chillibeans.com domain name violated no enforceable rights of Balglow Finance. The settlement of this dispute will see NAI transfer title of this generic name to Balglow Finance to assist it in its online efforts relating to Balglow Finance’s expansion of the “Chilli Beans” brand of eyewear.
“While it’s unfortunate that this dispute necessitated a trip to the Cayman Court, we are most pleased to have resolved the matter in such a mutually beneficial way”, Frank Schilling MD for NAI told DNN. He continued, “NAI’s only interest in the domain name was as a generic term. Now that it’s been settled that NAI’s registration and use of the domain name violated no rights of Balglow Finance we are pleased to facilitate the transfer, as the domain name is beneficial in advancing the business of Balglow Fianance, and while valuable to NAI, has less long term value to our company”".