Trademark domains.
A sole panelist at the National Arbitration Forum found that the registrant of Clario.com and Clario.net did nothing wrong.
Registered in 1999 and 2001 respectively, the domain pair was not even properly defended in this UDRP, as no response came through.
The Complainant, a company called Clario, Inc., asserted via the UDRP that their 2008 trademark for CLARIO should entitle them to the domain names.
The panelist, Darryl C. Wilson, noted the following on behalf of the Respondent’s rights to the domains:
“The Panel notes that the registration dates of both of the disputed domain names predate the earliest date on which Complainant secured rights in the CLARIO trademark. Complainant claims a date of first use in 2007 on a registration issued in 2008. The Panel notes that <clario.com> was registered on or about March 15, 1999 and <clario.net> was registered on or about July 2, 2001.
Complainant appears to argue that because Respondent purchased the domain names from its then employer, Clario Limited, sometime in 2011, that Respondent lacks legitimate rights or interests in the disputed domains. Complainant provides no express support for that argument. Even if that is not what Complainant seeks to imply, Complainant fails to address the fact that the domain names predate Complainant’s adoption of its mark.”
For the full text of this UDRP decision for Clario.com and Clario.net, click here.
