The domain name Lumos.com was under dispute a few months ago. The Complainant in the case was Gridiron Fiber Corp. and Lumos Networks. The Respondent was Yui Quan, who is a domain name investor.
The Complainant argued that it has trademark rights over the term ‘Lumos Networks’. The domain name Lumos.com was confusingly similar to its own trademarks and domain name LumosNetworks.com. It contested that domain name tried to benefit from the existing goodwill of its brand and that the respondent doesn’t have any legitimate interest in the domain name as there wasn’t any website up.
The respondent counter-argued that although its domain name is similar to that of Complainant’s trademarks and domain name, the terms themselves are generic. She presented the examples of several other websites and companies using the term ‘Lumos’. Example of the popular Harry Potter spell Lumos was also mentioned. She presented that since the term was generic, her investment on the domain name was legitimate and not intended to benefit from the goodwill of some other entity. She filed for a RDNH instead.
The panel decided that granting trademark rights over a name does not make it non-generic. They observed that the respondent had legitimate interest over the name as she purchased it as an investment. Neither did the Complainant present enough evidence to establish bad faith. A mere registration of a domain name cannot be considered bad faith. The panel decide in favour of the respondent.
They even awarded a RDNH to the Complainant. The Complainant knew about the generic nature of the term and still applied for UDRP as some sort of ‘Plan B’.
Read the case in detail, here.
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