23 Feb '12, 6pm

“A Domain Acquired In A Phising Scam” Taken In A UDRP

In a one panel decision issued today a the domain name FCM.com was handed over to the previous owner of the domain name . Its an interesting decision because other panels have refused to allow the UDRP system to recover domain names that were allegedly stolen . In this case its not even clear that the complainant had a trademark on the term FCM. Here are the relevant facts and findings; “”Complainant is an investment management firm which has operated under the name “Fermat Capital Management” and “FCM”. ” “The record shows substantial use of the mark FERMAT CAPITAL MANAGEMENT by Complainant, but less extensive use of FCM as a mark.” “”In 2007, Complainant acquired the Domain Name and began using it as its main web address to market Complainant’s investment services. “” “”On December 23, 2011, Complainant’s technical contact for the Domain Name, M. Seo, received an e-mail ...

Full article: http://www.thedomains.com/2012/02/23/fcm-com-a-domain-acq...

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