Mixcraft UDRP : Respondent can keep it despite Complainant’s trademark

A UDRP that was filed against the domain name Mixcraft.com, was based on the MIXCRAFT trademark that the Complainant, Acoustica Inc., owns since 2005.

The case was decided at the National Arbitration Forum, and the Respondent fought back the claims of having no legitimate rights to the domain.

“Respondent did not register the domain name for the purpose of selling or renting it to the Complainant or a competitor of that Complainant. Respondent did not register the domain name primarily for the purpose of disrupting the business of a competitor. The domain name is not used with an associated website nor other online location that intentionally attempts to attract Internet users by creating a likelihood of confusion with Complainant’s mark.  Furthermore, the domain name is not used to address a website with advertisements, descriptions of productions, or links to websites relevant to brands of the Complainant or the Complainant’s competitors. Respondent is not acting in bad faith as it registered the disputed domain name five years before Complainant acquired a trademark in the MIXCRAFT mark. “

Mixcraft.com parked page.

Mixcraft.com parked page.

Indeed, Mixcraft.com was registered in 2000, predating the Complainant’s trademark registration, and claim of first use. In fact, this is exactly what the sole panelist, Charles K. McCotter, Jr. found as important in this case:

“Respondent, Three Roads Communications, registered the <mixcraft.com> domain name on February 10, 2000. Respondent registered the disputed domain name three years before Complainant’s trademark application and four years before Complainant’s first use of the MIXCRAFT mark. “

Despite the current display of ads related to audio/video equipment that most likely triggered the wrath of the Complainant, the domain was ordered to remain with the Respondent.

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

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