Michael Gleissner, an entrepreneur, film producer, director, screenwriter, and actor that has lost a series of UDRP filings, finally won one.
In a case filed against one of his own domains, SushiAtHaru.com, Gleissner was represented by Roman A. Popov of Morton & Associates LLLP, New York.
The domain was registered on June 10, 2016 and the Complainant, Haru Holding Corporation, set forth claims to the domain, via the ownership of the mark HARU – a 2002 registration.
The Complainant operates from the domain HaruSushi.com.
Michael Gleissner’s defense stated the following:
Respondent’s <sushiatharu.com> domain name is not confusingly similar to the HARU mark. The addition of the terms “sushi” and “at” create a unique domain name distinct from Complainant’s HARU mark. The word “haru” means spring in Japanese, and therefore is generic.
Respondent has rights and legitimate interest in the disputed domain name. Respondent had 4 days between acquiring the <sushiatharu.com> domain name and receiving Complainant’s cease-and-desist letter and being made aware of the potential for the current proceeding. Respondent was unable to create an active website in the short amount of time and with the potential of having the domain transferred.
Respondent did not register and is not using the <sushiatharu.com> domain in bad faith. Respondent was unaware of Complainant’s trademark at the time it registered the disputed domain. Respondent is a citizen of Hong Kong and was unaware of Complainant’s six restaurants in the Northeast region of the United States (in Boston and New York). Respondent has not had adequate time to make active use of the disputed domain name.
Paul M. DeCicco, Panelist at the National Arbitration Forum, did not find compelling evidence that the domain SushiAtHaru.com, a fresh registration, was used in bad faith.
He ordered the domain to remain with the Respondent, Michael Gleissner.
For the full text of the UDRP, click here.
As a side note, China Capital Investment Limited, the holding company of the SushiAtHaru.com domain manages more than 122,000 domains in its portfolio; it is based in Hong Kong.
