: 19 year old domain saved from the claws of a UDRP

TM dilution is not the business of a UDRP

Existence of a trademark does not always lead to a UDRP decision for the Complainant., a domain registered in 1996 – the golden era of the commercial Internet for domain registrations – was challenged in a UDRP at the National Arbitration Forum.

A Canadian company, Luxus Management Co. Ltd., asserted rights to the domain, although they acquired a Canadian trademark in 2011 – more than 16 years since the registration of occurred.

Luxus, appears to be a Latin word for “luxury”, and the Respondent claimed its use as a generic term.

Regarding its apparent non-use over the years, the Respondent stated the following:

“Respondents additional submission claims that Respondent has always intended to make use of the Disputed Domain. Respondent intended to post art created by Respondent’s deceased wife Irene at the Disputed Domain in remembrance of her. Further, Respondent further claims that Laches bars Complainant’s claims. Respondent has been the registrant of the Disputed Domain for almost twenty years, during which time Complainant has never asserted any trademark rights against the Disputed Domain or Respondent.”

The single panelist at the National Arbitration Forum, Jonathan Agmon, stated that there was no indication of the domain’s registration having occurred in bad faith, and ordered to remain with the Respondent.

There was no finding of Reverse Domain Name Hijacking in this case.

For the full text of the UDRP decision on, click here.

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