14 May '12, 5pm

Now this is a creative UDRP argument

The Complainant also indicates that other companies are using “Powerise” as name and trademark, such as the company Babcock Borsig (owning the trademark POWERISE POWERPLANT), and Powerise Consult, which, according to the Complainant’s verifications, would have been using the mark since 1998/99 and 2001, respectively. The Complainant contends that, therefore, the Respondent must have applied the disputed domain name on January 21, 2002 with knowledge of third parties’ rights in the name. The Complainant also states that the Respondent’s bad faith when it registered the disputed domain name must lead to a right for the transfer of it to the Complainant, even though the Complainant’s trademark registrations are more recent than the Respondent’s registration of the disputed domain name.

Full article: http://domainnamewire.com/2012/05/14/now-this-is-a-creati...

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