Mosquitno abuzz with failure to sting .com in UDRP

Mosquitno, a dyslexic mosquito.

Mosquitno, a dyslexic mosquito.

Mosquitno is a family-run business based in Kansas City, Missouri, that formed in 2009.

That same year they rolled out a range of “all-natural mosquito repellent bracelets” and applied for a trademark in 2010, which was granted in 2012.

They also failed to secure Mosquitno.com as it had been registered in 2005, four years prior to the Mosquito company forming.

So in 2013, they filed a UDRP at the National Arbitration Forum, and despite the Respondent’s lack of a response, they lost.

It’s quite possible, that had the Respondent requested a finding of reverse domain name hijacking, it would have been granted.

The sole panelist, Charles K. McCotter, Jr., quoted:

“Respondent registered the <mosquitno.com> domain name on May 23, 2005.  Complainant’s first use of the MOSQUITNO mark was on October 15, 2009.   Complainant does not provide any evidence that would show Complainant made use of the MOSQUITNO mark prior to Respondent’s registration of the <mosquitno.com> domain name.  Therefore, the Panel cannot find that Respondent registered the disputed domain name in bad faith pursuant to Policy ¶ 4(a)(iii).  See Interep Nat’l Radio Sales, Inc. v. Internet Domain Names, Inc., D2000-0174 (WIPO May 26, 2000) (finding no bad faith where the respondent registered the domain prior to the complainant’s use of the mark); see also Telecom Italia S.p.A. v. NetGears LLC, FA 944807 (Nat. Arb. Forum May 16, 2007) (finding the respondent could not have registered or used the disputed domain name in bad faith where the respondent registered the disputed domain name before the complainant began using the mark).”

To us, Mosquitno sounds like a dyslexic version of “mosquito”. 😀

The domain Mosquitno.com was originally registered in 2001, according to historical WHOIS data from DomainTools, but it expired and was re-registered in 2005 by the Respondent, ME Intl, who kept it parked at GoDaddy ever since.

Can you say, bzzzzzzzz? 😀

This post is 100% true!

This post is 100% true!

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