Fazeclan.com : Group of gamers get domain in UDRP

Directnic

FazeClan – now they own the .com.

Gaming is a serious business these days, and a gaming group called FazeClan just got the domain Fazeclan.com via the UDRP process.

The Complainant is FazeClan Inc. of Plainview, New York, represented by Cowan, DeBaets, Abrahams & Sheppard, LLP.

While the group of gamers asserts they first started using the term in 2010, they applied for a trademark in 2013 and FAZECLAN was granted registration in 2016.

Meanwhile, the domain Fazeclan.com was registered in 2011.

Typically, the registration of a domain that predates a trademark should not pose any issues, but in this case the content displayed was related to gaming, including competing clans.

The Respondent is from Vietnam, and they did not respond to this UDRP. A lack of response does not automatically lead to a win for the Complainant, but it may make things difficult for the Respondent as in this case.

Ian Lowe, sole panelist at the WIPO, stated:

“Although the Domain Name comprises two dictionary words, “faze” and “clan”, the Panel considers that the combination is distinctive and that, in the circumstances, it is most likely that the Respondent had the Complainant and its rights in the Mark in mind when it registered the Domain Name. The Panel further considers that there is a legitimate presumption that the Respondent is deriving commercial gain from using the Domain Name for a website comprising a parking page with pay-per-click links to third-party websites, including competitors of the Complainant”

There is no reference about just how famous the mark was prior to its registration, given the fact that the domain predates the trademark by 5 years.

FazeClan earned big bucks recently, from finishing second at an Infinite Warfare Global Pro League tournament.

For the full text of this UDRP decision for Fazeclan.com click here.


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