In a truly bizarre decision, the domain name RedCarter.com was given to the Complainant, Red Carter LLC, after not only they let it expire, but they let the trademark get cancelled as well.
Red Carter LLC, is a fashion designer based in New York City, producing a series of haute couture garments that include swimwear for the rich and famous; apparently, the Red Carter Collection operates from the web site RedCarterCollection.com.
The domain name RedCarter.com was used by the complainant until they let it expire; consequently, it was most likely picked at NameJet, due to its 1999 registration date, at a pre-release auction.
At this point, it is still listed with a BIN price of $18,264 dollars at BuyDomains.
That happened in December 2012/January 2013, when the Complainant’s trademark for Red Carter South Beach (Reg. No. 2,922,742 registered February 1, 2005) was still active.
In other words, the winner of the NameJet auction did so while the trademark was fully active. While the current registrant is using some “post restante” address in the UK, they appear to be in fact the winners of the NameJet auction: a high roller NameJet bidder with an address in Shanghai, China.
The Respondent chose not to respond, and the sole panelist, Darryl C. Wilson, decided on behalf of the complainant, previous owners of the domain.
However, there is one final shocking part to be shared.
Although the UDRP was filed at the National Arbitration Forum in April 2014, the trademarks brought forth by the Complainant, expired and were canceled on May 12, 2014 – two days before the delivery of the decision on May 14.
The mark’s registration was cancelled because the trademark registrant did not file an acceptable declaration under Section 8 – in other words, they did not proceed with declaring the mark “in use” between the the 5th and the 6th year after the registration date.
The mind definitely boggles over this one.
For the full text of the decision, click here.
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