GSL Networks Pty Ltd. is a Australia based private company. The company deals with high performance server hosting services at the domain name Streamline-Servers.com. However a domain name StramlineServers.com was registered and being used. To contest this, the company approached WIPO with a Complaint.
The Complainant here claims the usage of the term, although not providing concrete evidence of the same. The Complainant had registered the domain name Streamline.net.nz in November 2009. The Complainant owns Australian trademarks over S STREAMLINE SERVERS and US trademarks over STREAMLINE SERVERS. The Complainant also claimed possession of 24 other domain names that contain some variations of STREAMLINE and SERVERS.
The Respondent had registered the domain name in June 2004. The domain name didn’t point towards any use at the time of proceedings. However, sometime ago, it did redirect to the domain name GameServers.com. The Respondent has also provided evidence regarding the operation of a game server hosting business on the platform.
The panel found out that the Complainant actually began operating only in 2017. Even if going by the Complainant’s claim, the earliest use of the term by the Complainant came in 2009. This was 5 years after the Respondent had registered the domain name. It cannot be possible that the Respondent tried to benefit from a company that didn’t even exist at the time of registration. The Complaint was thus denied.
The panel however did find that the Complainant was represented by a legal counsel and should have been aware of the outcome of the proceedings. The earliest claimed usage follows the domain registration by years, the Complainant nevertheless went on with the Complaint.
The panel hence awarded a RDNH to the Complainant.
Read the full case here.