You violated someone’s rights when you registered the domain, even if it wasn’t our rights.
Think you’ve seen them all?
Here’s a very creative argument from Stabilus GmbH, maker of electronic tailgate openers, on why a UDRP panel should give it the domain powerise.com.
Stabilus started using the “Powerise” term in commerce back in 2008. But the domain was been registered in 2002.
Under the guidelines of UDRP, the registrant couldn’t have registered the domain in bad faith since Stabilus didn’t have rights in the mark at the time of registration.
Hence this creativity:
The Complainant also indicates that other companies are using “Powerise” as name and trademark, such as the company Babcock Borsig (owning the trademark POWERISE POWERPLANT), and Powerise Consult, which, according to the Complainant’s verifications, would have been using the mark since 1998/99 and 2001, respectively. The Complainant contends that, therefore, the Respondent must have applied the disputed domain name on January 21, 2002 with knowledge of third parties’ rights in the name. The Complainant also states that the Respondent’s bad faith when it registered the disputed domain name must lead to a right for the transfer of it to the Complainant, even though the Complainant’s trademark registrations are more recent than the Respondent’s registration of the disputed domain name.
In other words, when you registered the domain someone else had trademark rights in the term. You registered in bad faith on someone else’s rights, so you should transfer the domain to us.
In one blow Stabilus shows that its rights in Powerise aren’t all encompassing and makes a really dumb bad faith argument.
Needless to say, Stabilus GmbH lost.