We at Domain Magazine go through numerous different dispute cases to pick up unique examples. Most domain arbitrations procedures follow the regular pattern. It is often observed that the domain name investor’s and domain name investing is given due weightage in UDRP cases.
The adjudicating panel more often considers a domain investor as a legitimate party in comparison with the trademark holding Complainant. It requires a significant level of notoriety, along with the trademark, to trump the domain name investment of the Respondent.
However, we came across this unique case where the trademark holder was given priority over the other party. We focus on what were the case points that persuaded the jury to decide in favour of the Respondent.
Complainant’s case
The Complainant in this case is Fitness Anywhere. The entity manufactures fitness related equipment and products. The Wikipedia page on the company renders the company as the one developed by Randy Hetrick, a former US marine.
The company states that it has been using the TRX mark since 2005. A public post related to the company stated its name change to TRX. The company had earlier released a product by the name TRX Suspension Trainer. Owing to its popularity the company decided to transition to the whole name along this short name.
However, the company found that the domain name TRX.com has just recently exchanged hands. The domain name was up for sale for a whopping €1.2 million, which was suspended later.
The Complainant argues that there is no other party using the TRX mark other than itself, with any credible traction. The Complainant establishes this through a number of supporting documents.
Respondent’s Rebuttal
The Respondent failed to submit a response in these proceedings. Yes, you heard it right.
Jury’s Judgement
The arbitration process was administered by Forum. The panel had to distribute the case in three stages, where the success of each was needed for the Complainant’s complaint to go through.
The first one of them was Identical and/or Confusingly Similar. The panel found that the domain name was indeed similar to those in which the Complainant has rights.
The second one was Rights or Legitimate Interests. According to the policy, the usual check of this provision is the Complainant claiming the lack of Right and Interests on the part of the respondent. This is what the Respondent then tries to refute in its arguments.
The Respondent here failed to respond. The Respondent in such a case only has his domain name as a show of his legitimate interest. This according to the panel was insufficient to grant legitimate rights on the part of the Respondent.
Under this case the Panel was satisfied with the Complainant’s claim.
The third stage was Registration and use in bad faith. In this part the Complainant has to establish that the Respondent was using the domain name for selling, renting, or otherwise transferring the domain name registration to the Complainant.
Since the Respondent did not submit a response the panel decided to go with its conduct instead. The panel found that the Respondent had not even properly filled their domain registration details. The Respondent has entered ‘Iceland’ as both his street address as well as Postal Code.
Moreover, the panel was convinced that the sole reason the Respondent had acquired the domain name was to gain profits from the Complainant’s brand. The panel asserted that it was more than likely that the Respondent was aware of the Complainant. The Respondent’s registration of the domain name in such a case was made in Bad Faith.
Since, all the three stages showed green light for the Complainant, the Complainant went through and the domain name was transferred.
You can read the full case document here.
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