The company acquired the domain well before the Complainant had any rights in the term.
Computer security company McAfee has successfully defended its domain Cyberguard.com in a UDRP…without actually defending it.
James Linlor filed the case against the security behemoth, based on a trademark he filed claiming first use of the Cyberguard mark in 2018. But Linlor admitted that McAfee acquired the domain in 2008. In other words, this case was dead on arrival because McAfee couldn’t have acquired the domain to target the non-existent brand.
Even though McAfee didn’t respond to the dispute, these dates were more than enough for National Arbitration Forum panelist Terry Peppard to decide the case.
Taking a look back, McAfee acquired Secure Computing Corporation in 2008. Secure Computing acquired a company called Cyberguard in 2006, so that’s how this domain ended up in McAfee’s portfolio. The domain is not currently used.
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