The domain name GPZ.com was recovered from the hands of a thief, after the owner filed a UDRP challenging its use.
Although the UDRP process is not suitable for such instances of cybercrime, there have been several cases where stolen domains were recovered using the process.
The Complainant, GPZ Technology, Inc. stated that it is a United States company that is a leader in customized software solutions and development and uses the GPZ mark in connection with its goods and services.
Furthermore, Complainant owns common law rights in the GPZ mark, as established through its continuous use of the mark, advertising expenditures, and widespread consumer recognition. Complainant has had those trademark rights since at least 1996.
The domain GPZ.com was originally registered by Complainant on March 12, 1996. Complainant owned it and actively used it in its business from that date then until early in 2015. Between January 1, 2015 and February 12, 2015 and established on the evidence, a third party believed to be Respondent, hacked Complainant’s computer system and as a result the registration of the domain name was transferred to Respondent.
To establish the use and common law elements, the Complainant provided evidence showing that the domain GPZ.com was actively used for business:
“Complainant contends that it has spent over $100,000 since 1996 promoting its business activities under the GPZ trademark. In its peak years, Complainant states that its business generated over $300,000 in revenue. Complainant has submitted extensive evidence to establish its common law trademark rights and the Panel accepts that evidence. This Panel finds on the evidence that Complainant has established secondary meaning in its mark, and thus finds that Complainant owns common law rights in the GPZ mark and has owned them since at least 1996.”
The respondent failed to provide a response, and the single panelist, Neil Anthony Brown, ordered the domain to be transferred to the Complainant.
For the full text of the UDRP decision, click here.
