Company didn’t show that it had trademark rights in Cascade Investment.
Bill Gates’ investment firm, Cascade Investment, L.L.C., has lost a cybersquatting complaint it filed against CascadeInvestment.us.
The domain name owner didn’t respond, but Cascade failed to convince the panelist of the first prong of the policy: that the domain is identical or confusingly similar to a mark in which the Complainant has rights.
In this case, panelist David Einhorn noted that Cascade didn’t provide any evidence that it had common law trademark rights in Cascade Investment. He wrote:
…the documentary evidence provided by Complainant in support of this allegation shows use of this term as a trade name, not as a trademark.
It’s not clear what the Complainant submitted to the panel, but it might have just been a corporate registration rather than showing the name used as a trademark. Trade names are different than trademarks. And panelists want Complainants to put effort into proving common law trademark rights when they don’t have a registered trademark.
Einhorn noted that this is not a determination whether the Complainant may be able to obtain relief in court.
Perkins Coie LLP represented Cascade Investment.
Jeff Schneider says
Hello Andrew,
Time for Legacy (.com EPA) holders to give back !
We are feeling compelled to truly make a difference. We will be putting our money where our mouth is. Anyone who is a (.com EPA) holder) can contribute to our Global Warming Initiative (HelpRaiseFunds.com) please no contributions at HelpRaiseFunds.com till site is up!!! JAS 5/19/2021
Gratefully and respectfully , Jeff Schneider. (Contact Group) Metal Tiger, Former (Rockefeller I.B.E.C. Strategic Marketing Analyst/Strategist) (Licensed C.B.O.C. Commodity Hedge Strategist) Domain Master, (UseBiz.com)
thelegendaryjp says
Do you think he sent an email to one of the panelists asking them out to dinner? Then asked them to disregard the email if they didn’t want to?