No RDNH finding for LibertyEnergyTrust.com
The owners of the domain LibertyEnergyTrust.com were hit with a UDRP.
The Complainant is Liberty Utilities (America) Co. of Oakville, Canada, that claimed rights in the LIBERTY and LIBERTY ENERGY & Design marks since 2011.
The Respondent and domain owner, is an investor in Liberty Energy Trust GP, LLC, a Delaware limited liability company focused on financing and investing in companies involved in the development of liquid natural gas (“LNG”) and pipeline infrastructure.
LibertyEnergyTrust.com was registered on March 14, 2013 to promote the interests of Liberty Energy Trust.
In their response, the Responded argued the following:
First, Respondent contends that Complainant overstates its rights in the LIBERTY marks. While Complainant asserts it has used the term “liberty” since 2011, Complainant failed to provide evidence that shows use of “liberty” as a stand-alone mark and does not have any trademark registrations for “liberty” alone. The word “liberty” is commonly used in connection with a variety of commercial industries throughout the United States and around the world, including in connection with utility services, precluding any attempt by Complainant to claim broad rights in the word “liberty” alone.
Second, Respondent states that while Complainant owns a federal trademark registration for LIBERTY ENERGY & design, it has not provided any evidence of use of LIBERTY ENERGY without that design element. Complainant does not own the domain name <libertyenergy.com>, and despite Complainant providing the Panel with printouts of its website at <libertyutilities.com>, there is not a single use of “Liberty Energy,” with or without the design element, on those printouts.
Third, Respondent asserts that Complainant provides no evidence to support its claim that its LIBERTY marks are well-known in the United States and Canada.
Fourth, Respondent states that Complainant has failed to provide evidence that it and Respondent provide similar services or target similar markets. Respondent is in the business of financing and investing in companies dedicated to the development of LNG and pipeline infrastructure, and its target market are stakeholders that are seeking to invest in such companies. Respondent does not have any electric, gas or other utility customers, has no retail customers, and does not market its services to general consumers.
The Respondent sought a finding of Reverse Domain Name Hijacking.
A three member panel at the WIPO, consisting of Christopher S. Gibson, Roderick M. Thompson and Perry J. Viscounty denied the Complainant’s request to transfer the domain, but refused to deliver a finding of RDNH.
View the full UDRP text for LibertyEnergyTrust.com.
Edit: The story incorrectly stated that a finding of RDNH was issued; this is not the case. The story has been updated and we regret this error.
Reverse Domain Name Hijackers Liberty Utilities LibertyUtilities.com would seem to be more interested in doing a UDRP for the domain name LibertyEnergyTrust.com than LibertUtilities.com (without the y).
I am reading the RDNH section of the decision as saying the panel is denying the request for an RDNH finding.
Nat – You are correct. The error has been fixed.