From my experience, the presence of bad faith is the single most important factor dictating the future of a domain name dispute. Even trademarks fail if bad faith couldn’t be established. But when they do, chances of success increase.
Forum received an interesting dispute regarding the domain name BoxesMaker.com.
The Complainant here was The BoxMaker, Inc.
The Complainant is a supplier of boxes and engages primarily in packaging services. The Complainant claims trademark rights over THE BOXMAKER mark owing to the USPTO registration in October 2016.
The Respondent registered the domain name in June 2019. The website at the disputed domain name offered goods that were competing in nature to that of the Complainant’s services.
The Respondent did not submit a response to the dispute resolution process. The Complainant had sent a cease and desist letter to the Respondent which wasn’t replied to as well.
The panel did find that the Respondent was offering similar products. In such cases it becomes quite evident that the domain name was registered to infringe upon the Complainant’s trademarks and benefit upon the Complainant’s already established goodwill.
The domain name was transferred.
You can read the case in full detail here.
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