An NAF panelist is very generous is accepting common law trademark rights.
A National Arbitration Forum panelist recently awarded the domain name YouAreOK.com to T & P Holding Company, LLC. This company owns several hair salons and boutiques in Nashville under the name Local Honey. Its website is LHNashville.com.
The domain name owner, Ancient Holdings, LLC, has lost a handful of UDRP cases over the years. It also didn’t respond to the dispute. These factors certainly weighed against the registrant.
But I’m concerned that this case got past the first prong of UDRP: that the domain name is identical or confusingly similar to a mark in which the complainant has rights.
A complainant can show that it has registered rights in a mark or that it has common law rights in the mark. The UDRP itself does not spell out how common law rights can be proven, but the WIPO Jurisprudential Overview 3.0 has a good overview of standard practice: Click here to continue reading…