A registered trademark does not give automatic rights to a domain.
The holders of a trademark for CLOUD COVER, filed a UDRP against the domain CloudCover.com.
Complainant, CloudCover IP LLC, operates from the .net, and other cloud-related domain names, such as cloudcover-worldwide.com, and cloudcover.biz.
The Complainant alleged that the Respondent has failed to use the disputed domain name in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use despite owning the domain name since 2002.
Complainant’s trademark, however, dates only as far back as in 2011.
The Respondent rebutted the claims brought forth in the UDRP, stating:
“Respondent contends that he was not aware of Complainant at the time he registered the cloudcover.com domain name and that he originally registered the domain name in anticipation of operating a website as part of a project with his brother but that his brother’s poor health has delayed Respondent’s ability to implement the project.
Respondent indicates that Complainant has advanced no evidence to support the assertion that Respondent’s failure to actively use the domain name is evidence of bad faith registration and use and that the evidence submitted by Respondent contradicts such assertion.
Respondent asserts that he “has never attempted to use the cloudcover.com domain name or any site hosted thereon to trade on or benefit from any goodwill associated with the asserted trademark rights of Complainant.”
Jeffrey M. Samuels, Panelist, sided with the Respondent in this case, and ordered the domain CloudCover.com to remain with them.
For the full text of this UDRP decision, click here.
