A remarkable feature about UDRP dispute resolution procedures is the honesty and integrity maintained in the dispute’s resolution. Even if a party is absent, the case isn’t decided against the absentee. Rather, the merits of the case are looked upon and a decision is taken.
Kelin S.r.l. Is a designing company that makes motorcycle helmets and other motorcycle equipment such as bags. The company owns an International Trademark over GIVI, registered in June 2004. The company operates and uses the domain name GiviUSA.com.
The company was, however, aggrieved when it became aware of the registration and use of the domain name Givi.space. The company thus filed a UDRP against it.
The respondent is a computer programmer as well as an artist. The respondent did not submit a response but sent a message that it can delete the domain name, if the complainant wants so.
The respondent also owns the domain names Vinrata.com and Viniverse.io. These domain names were used to display ancient alien species from outer space as digital artworks.
The panel found that although the complainant claims about its notoriety, the same wasn’t supported by necessary documents. Arguments without facts become shallow and couldn’t be relied upon.
The panel found that the complainant has failed to prove exclusive ownership in relation to the disputed mark. It wasn’t proved that the domain name was registered to particularly target and derive benefits from the complainant.
Hence, the complaint was denied.
You can read the case in full detail here.