Cybersquatting panel denies claim over domains after business partnership ends in dispute.
A National Arbitration Forum panel has denied a cybersquatting complaint for the domain names 0456.com and 9527.com.
According to both the Complainant and Respondent, the parties were business partners but apparently went their separate ways. The current domain owner says that, after asking the Complainant to let him manage and register the domains and being told no, he still gained registration of the domains. It’s not clear how he obtained control of the domains.
Business partnership disputes are outside the scope of UDRP.
In this case, panelist Dennis Foster decided to make a decision, but it was easy. He ruled that the Complainant didn’t show any trademark rights in the domains.
Both parties are in China, and the case decision doesn’t list any lawyers.
Mike says
I note the Decision states “mere pending trademark filings fail to constitute ownership of a mark for the purposes of Policy”.
However under UK TM law at least, the Filing Date is the date from which the Rights will exist when/if the TM is granted. Therefore let us say that the Respondent has purchased a domain name at same time as they file a TM application, under that above basis they could end up with a TM and no domain. That can hardly be fair. If they file TM and don’t register the domain tey likely will find someone registers the domain in meanwhile. Surely sensible way would be to postpone UDRP until the TM proceedings are concluded.
Mike says
I guess however perhaps a Filing of TM would assist a Respondent to show lack of bad faith OR legitimate rights ???