Arm Limited is a company based in the UK. The company produces technology related goods and services and is said to have 180 billion products. The company was worried when a Chinese individual registered the domain name ChinaArm.com.
The Complainant has trademarks over the ARM in different countries. The company owns a portfolio of over 180 domain names containing the ARM mark such as ARM.com, ARM.company, ARM.services, etc. The Company has manufactured electronic items for major global brands, which includes making CPUs of mobile telephones for Apple, HTC, Nokia, Samsung and Sony Ericsson.
The Respondent failed to submit a response. The panel however found that within the procedure established at UDRP, the domain name was confusingly similar to the Complainant’s mark. The panel also held that the Respondent doesn’t have legitimate interest in the domain name as it was passively held.
The panel however couldn’t find any proven case of bad faith from the Respondent. The panel noted that although the Complainant presented registered trademarks in a number of countries, China wasn’t present in that list. This is of significance considering it was the place of residence of the Respondent.
The concerned domain name doesn’t contain any mark that was registered by the Complainant in China. On top of it the terms in connection here: ARM and CHINA, both are dictionary items. Thus it couldn’t be established that the Respondent had registered the domain name in bad faith.
For a UDRP complaint to succeed, all the three criteria needed to be fulfilled, and since it wasn’t the case here, the Complaint was denied.
You can read the case in detail here.