28 Jun '18, 4pm

#Domain registered in 1999 escapes #UDRP slaughter

The Complainant’s arguments are undermined by a number of errors of a similar nature, which consistently overstate the Complainant’s case. In attempting to establish the strength of the Complainant’s trademark portfolio, it refers to “numerous” BOULDER DESIGNS registrations, and claims it obtained its first trademark registration in the U.S.A. based on an application filed as early as April 1996. When the Panel reviewed the Complainant’s BOULDER DESIGNS registrations, it was clear that the earliest relevant application was in fact filed in 2005 with a claim of first use on February 16, 2005. Remarkably, it appears that the Complainant was attempting to rely on its application for the trademark BORDER MAGIC, which was in fact filed in April 1996, but which is entirely irrelevant to this proceeding. The chronology is important here because the disputed domain name was regist...

Full article: https://domaingang.com/domain-law/domain-registered-in-19...

Tweets

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