World Future Society .com : 13 year old domain saved from UDRP, despite active trademark

UDRP has been denied.

A UDRP that was filed against the domain WorldFutureSociety.com attempted to wrestle the 13 year old domain away from its owner.

The Complainant is World Future Society of Chicago, Illinois, and the Respondent is S.F.P. Koopmans, BCG eBrpojects B.V. of Bemmel, the Netherlands.

According to the UDRP, the Complainant sought to get this domain on the basis of an existing mark for WORLD FUTURE SOCIETY, registered with the USPTO since 1998. At the time of its registration, the mark’s first use claim was in the year 1966.

There was no response to this UDRP by the Respondent. Perhaps a lack of knowledge on the seriousness of this process, or a lack of understanding English.

Despite all this, the WIPO panelist, Nicholas Smith, refused to let the domain go, on the following basis:

“The Panel finds from the Respondent’s Website and the available record that since the registration of the Domain Name over 13 years ago the Domain Name has been used to operate a website for the Respondent to occasionally blog about matters of personal interest, including the Respondent’s own politics. The Respondent’s Website does not contain advertising (other than a single referral link), does not seek the private financial information of visitors, and does not refer to or suggest that it is in any way connected to the Complainant. In particular, and contrary to the Complainant’s assertions, the Respondent’s Website does not seek to “mirror the Complainant’s website” or “operate as a phishing website”. Indeed the title of the website is “Pallieter Koopmans”. The Complainant provides no evidence (as opposed to unsupported assertion) to suggest otherwise.

In light of the above, the Panel concludes that the Complainant has not demonstrated that the Respondent intended to target the Complainant’s WFS Mark and/or is using the Domain Name to misleadingly divert consumers or to intentionally create a likelihood of confusion with the Complainant’s WFS Mark. Rather, given the fact that the Domain Name consists of three ordinary English words and has been used for a noncommercial blog that discusses topics including the better organisation of society, it is not implausible that there was another purpose in the registration of the Domain Name.”

Definitely a shocking result for the Complainant, who tried their best to get the domain – but perhaps, waited too long.

For the full text of this UDRP against WorldFutureSociety.com click here.

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