30 May '15, 12pm
PicMonkey Inc DENIED in WIPO Filing
The Panel reiterates the particular circumstances in this case, specifically that the Respondent registered the disputed domain name <pickmonkey.com> on May 20, 2004, which was 9 years prior to the registration of Complainant’s trademarks. At the time the disputed domain name was registered, the Complainant did not yet exist and no trademark registrations were in existence. Accordingly, the Respondent could not have been aware of the Complainant or the Complainant’s rights. Therefore, the Respondent could not have acted in bad faith in the registration of the disputed domain name. Accordingly, the Panel finds that the Complainant has failed to satisfy the requirement under paragraph 4(a)(iii) of the Policy. For the foregoing reasons, the Complaint is denied.