30 Sep '15, 3pm

#iBuy .com : #Domain name registered in 1995 was saved from #UDRP #law #icann #domains #trademarks #wipo

“Respondent provides evidence that he purchased the Domain Name in 2007, as part of a suite of domain names, prior to Complainant’s establishment of its website (in 2008) or registration (in 2015) of its IBUY mark. Had Respondent conducted a trademark search at the time, Respondent would not have found any federal registration reflecting Complainant’s mark because Complainant did not apply to register its mark until 2014, nor would Respondent have been able to view Complainant’s website at that time because the site was not yet in use in 2007. Complainant also has not submitted evidence that its mark was well known (either then or now, Complainant’s unsupported conclusory allegation that its mark was well known and has become famous notwithstanding) at the time such that Respondent would or should have been aware of it. These facts suggest that Respondent likely was not aw...

Full article: http://domaingang.com/domain-law/ibuy-com-domain-name-reg...

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