Flexspace No 2 LLP is a company based in the UK. The company provides flexible offices, workshops, industrial and self-storage spaces.
The company however found its registered trademarks violated through the registration and use of the domain name FlexSpace.tech. The company thus filed a complaint at WIPO.
The Complainant owns the UK and The EU trademarks over FLEXSPACE, registered in November 2016 and December 2017 respectively. The domain name in dispute was registered by the Respondent in June 2020.
The Respondent is a Norwegian Public listed company. It provides services in the professional leasing market. The Respondent company was incorporated in May 2020. The Respondent had acquired the Norwegian trademarks over FLEXSPACE in December 2020.
The panel maintained that Complainant’s trademarks registration date did precede the Respondent’s registration of domain name. However, the domain name in question here contains terms FLEX and SPACE, both of which are generic in nature.
The Respondent is using the domain name for a legitimate purpose. It was the case that both parties had used the same mark coincidentally, however it wasn’t intentional and both of the domain names were developed independently.
The panel thus couldn’t find bad faith in domain name registration. The Complaint was denied.
You can read the full case here.