UDRP has been denied.
The domain Dermarose.com was hit with a UDRP, and as the result, the Complainant got slapped with a finding of Reverse Domain Name Hijacking.
Brand Development Corp. of Miami, Florida attempted to get the 2011 domain, based on a USPTO issued trademark in 2014.
The Respondent, who also owns the .net, .org and .info variants that were included in this UDRP, didn’t just suck it up.
“Respondent’s main point is that bad faith cannot exist where Respondent registered the Domain Names before Complainant had acquired any trademark registration and, indeed, before Complainant had made any use of the DERMAROSE mark. Respondent also denies having ever heard of Complainant or its mark at the time the Domain Names were registered.”
Robert A. Badgley, sole panelist at the WIPO agreed that there was no bad faith in the registration of this domain name, or the other TLDs included in the UDRP.
“The Panel concludes that the Domain Names were not registered in bad faith. Respondent registered the Domain Names more than two years before Complainant secured a registration of the DERMAROSE trademark, and at least several weeks before Complainant first used the mark in commerce.”
Not only he denied the transfer, he also slapped the Complainant with a RDNH finding.
Read the particulars of this decision.
