WIPO received

[domaingenius]

Oh well just received a WIPO. Need bit of advice please. I registered the name in mid 2007. In the complaint they say "...we publicised .....in mid 2008 and on the same day the respondent registered..... end quote. They miss the fact
that they are 1 year out, by mistake or so the examiner just accepts it as gospel ??.

If I regged the name 1 year before they even thought of it can they say
that was bad faith ?.

DG

 

[Theo]

In your response you must point that out. Consider it as a bonus.

 

[domaingenius]

In your response you must point that out. Consider it as a bonus.

Lol, yes thanks. One other thing springs to mind. Assuming, and I am not saying I did as I dont have my record in front of me, I bought the domain from someone who had already registered it, am I right in presuming that in any event bad faith cannot be passed from the original registrant to the new one ??.

DG

 

[Theo]

Hmm, that I am not sure of. A change of ownership *might* complicate some time-sensitive issues.

 

[EnricoSchaefer]

If I regged the name 1 year before they even thought of it can they say
that was bad faith ?.

DG

Under this fact, you should win. They must show you registered after they established trademark rights, (among other things).

 

[domaingenius]

Under this fact, you should win. They must show you registered after they established trademark rights, (among other things).

Good news thanks. How much to represent, and anyone do "no win no
fee" ?,

DG

 

[marcorandazza]

m I right in presuming that in any event bad faith cannot be passed from the original registrant to the new one ??.

Bad faith registration can stick to a domain name, even after a transfer. See United Parcel Service of America, Inc. v. Michael Robert, WIPO Case No. D2008-0339.

The panelist said that bad faith registration, at least under the facts of this case, follows the domain name - even if it is transferred to a new registrant.

Of course, the facts of your case (as you report them here) suggest that you shouldn't have that problem. If the mark was only conceived of in 2008, and you bought it in 2007, the UDRP doesn't seem to have much strength behind it. Of course, without reading the complaint, I couldn't say that for certain. Nevertheless, based on your report, you seem to have a very strong defense.

 

[Poker]

Start hating it and get used to it

 

[Focus]

Under this fact, you should win. They must show you registered after they established trademark rights, (among other things).

What if the name changes ownership?

 

[TheLegendaryJP]

Originally Posted by domaingenius
If I regged the name 1 year before they even thought of it can they say
that was bad faith ?.

DG

Under this fact, you should win. They must show you registered after they established trademark rights, (among other things).

Really ?


You must know for a fact this individual has never infringed or used in bad faith this domain. The only way he is in the right imo is if he has not and THEN and ONLY THEN could such a statement be made with any confidence at all.

Registering first in no way is a free pass should you then use the name in bad faith at a particular point down the road.

The real question or best question before proceeding is to ask DG.

DG, have you at any point parked this domain and displayed ads, competitors ads etc of the complaintant ? Or any chance you offered to sale them this name ?

Cannot ad to legal section posts so to add ....

Furthermore imo bad faith CAN be shown eventhough you registered the name a year prior and here is how.

I read a local paper, see a tv ad, here of a new product or service for company X, I go and register a domain which clearly indentifies that product/service. While they may not at that time had a registered mark they may have a very strong case regardless. It is not always a case of a filed mark.

As for ownership transfer deleting bad faith or infringing use. I cannot say I have seen a case where such a defense was used and worked.

 

[marcorandazza]

What if the name changes ownership?

If the domain changes ownership, then the date of "registration" is the date that it changed ownership.