The integral part behind the success of any domain name dispute in UDRP depends upon who did things first. Either the domain registration or getting trademark rights, which of them will prevail depends upon the date of the same. Whichever precedes the other shall overcome.
TrailBuilt.com was caught amid a tussle between two parties. The Complainant is SD Wheel Corp. The Complainant held the trademark over ‘TRAILBUILT’, registered on 6 October, 2020. The Complainant’s first usage of the mark was on 24 June, 2019.
The Respondent acquired the domain name on 10 June, 2019. The Respondent didn’t offer the domain name for sale to the Respondent asked for the same.
The panel found that the first usage of the mark was on 24 June, 2019. 14 days before the registration of the domain name. Even the trademark rights were with the Complainant after months later than the registration. The panel held that the Respondent couldn’t have registered the domain name in bad faith.
The panel found that the Complainant hasn’t given any evidence that could prove that the Respondent had registered the domain name in bad faith. The Complainant on the other hand applied for trademark only after it couldn’t secure the domain name from the Respondent. The panel denied the complaint and awarded a RDNH.
You can read the case in detail here.
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