BuyDomains lost one of its aged domain assets, Aquatimer.com, to the Swiss watch manufacturer via the UDRP process.
Registered in 2004, the 12 year old domain has been in the possession of the domain portfolio managing company since then.
The Complainant is Richemont International S.A of Bellevue, Switzerland, and they asserted the following:
“The Complainant is the owner of numerous trademark registrations consisting of or comprising the word “aquatimer”, including:
(a) Swiss trademark registration no. P-521742 for the mark AQUATIMER registered on May 24, 2004; and
(b) United States trademark registration no. 2959957 for the mark AQUATIMER registered on June 7, 2005,
The uncontradicted evidence produced by the Complainant shows that the Complainant’s first registration of the aforesaid AQUATIMER mark occurred before the registration of the disputed domain name embodying the word “aquatimer” by the Respondent on September 5, 2004.
BuyDomains did not file a timely, formal response to this UDRP. Instead, they acknowledged the Complainant’s rights in the following fashion:
“(1) They apologized for the miscommunication.
(2) They had decided to transfer the disputed domain name to the Complainant.
(3) They requested transfer instructions to facilitate.”
We wonder why a UDRP was necessary in this case, if BuyDomains was so willing to comply with the Complainant’s demands.
Naturally, the WIPO panelist, C. K. Kwong, ordered the domain Aquatimer.com to be transferred to the Swiss watchmakers, who operate from IWC.com.
For the full text of this UDRP decision, click here.
