Thermo Holdings LLC filed a UDRP against the Korean registrant of the domain Thermonomics.com.
The domain consists of two Greek words, derived from “thermos” (warm) and “nomos” (law). One would think of the composite to refer to the laws of heat as it applies to Physics.
Debrett G. Lyons, sole panelist at the National Arbitration Forum, deserves the proverbial cigar.
Unlike the panelist deciding on the CafeDelMar case we examined yesterday, Mr. Lyons took a swift look at the domain’s registration date, and that of the trademark and delivered a fair decision.
The Complainant asserted the following:
“… has used the Trademark for over 10 years in connection with refrigerant additives and continues to use the Trademark on those products. Complainant has prominently and extensively used, promoted, and advertised the Trademark both within and outside of the United States. By virtue of this use, consumers in the market have come to quickly recognize the Trademark as designating Complainant as the source of the products so marketed.”
Apparently though, the trademark for THERMONOMICS was registered on September 29, 2015. Meanwhile, the domain was registered on September 29, 2014 – a full year to the day prior.
It gets better.
Despite not responding to this UDRP proceeding, and offering the domain for sale on Sedo for $4,353 dollars, the Respondent won the case.
Mr. Lyons stated:
“Panel notes that offers to sell a domain name for an excessive price, or use of a domain name to drive pay-per-click referral fees, are frequently indicators of bad faith use. In this case, the fact that the date of registration of the domain name predates the establishment of trademark rights confronts Complainant since it must somehow prove that the domain name was also registered in bad faith […] Albeit that the domain name was registered many years after first use of the trademark, Panel has found no evidence of common law rights predating the registration date of the domain name. […] Panel finds in this case that there is too little information for it to draw that conclusion. On the evidence, Panel does not find registration in bad faith.”
Thus, Thermonomics.com was ordered to remain with the Respondent.
For the full text of this UDRP, click here.
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