Cosmic Patterns Software, Inc. is a US based company. The Company develops software in relation to the Astrology industry.
The Company found its rights violated, when a Chinese entity fraudulently registered the domain name Patterns.com. The company thus decided to file a Complaint at Forum.
The Complainant claims that it has been using the PATTERNS mark in his business for over twenty years. By the virtue of its extended usage of the mark, the Complainant claims common law rights over PATTERNS mark.
The Complainant claims that erstwhile the domain was registered with itself. The Respondent had perpetrated a fraud at the Complainant’s registrar. Due to the fraud, the domain name was then registered on his name.
The Complainant claims that the domain name is generally offered for sale and uses it for PPC links. The Respondent did not submit a response.
The panel observed that the domain name was confusingly similar to common law rights of the Complainant. The panel also found that the domain name was fraudulently acquired by the Respondent. Fraudulent acquisition does struck down Respondent’s rights or legitimate interest in the domain name. For the final condition the Panel did find that the domain was registered and was being used in bad faith.
The panel transferred the domain name to the Complainant.
You can read the full case here.
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