The UDRP procedure is a fine place to witness global diversity. Parties from different regions enter into disputes and contest their arguments through their perspectives and business intuitions. It is an excellent opportunity to gauge the business development, environment and evolution of different regions in comparison with each other.
Développement Information et Maintenance de Systèmes d’Information, is a French IT and cloud company. The company used the acronym DIMSI to represent itself. In April, 2006 a trademark over DIMSI was also registered by the Complainant. However, the domain name DIMSI.com was registered by some other party and the complainant applied for UDRP redressal.
The Respondent is a Korean domain name investor. The complainant had claimed that the domain name was registered in June, 2007. The respondent however, claimed that the domain was registered in October, 2005. The respondent even presented an email from SnapNames establishing registration in 2005.
The panel noted that the respondent evidence does prove that the domain name was registered earlier than the complainant’s registration of trademark. The complainant also didn’t have such financial figures that could claim that it was well known in 2006. On top of it, even if the complainant established that the trademark preceded domain name registration, the complaint wouldn’t succeed.
The complaint was denied.
You can read the case in full detail here.
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