Friday, April 27, 2012

CDRP SUMMARY #185 - (transfer granted)

The Complainant established its case and the panelist therefore directed the transfer of to the Complainant.

The Registrant (Third Planet Foods (note: Kevin Chiang is the administrative contact)) responded to the Complaint and disputed the Complainant’s version of the facts. The Complainant has been providing rice products and marketing services since its incorporation in 1964. The Complainant consented to the registration of its Domain Name by Kevin Chiang (responsible for corporate development and marketing for the Complainant). Chiang and the Complainant had a falling out in November, 2010 (approximately 10 years after registration of the Domain Name) and the Complainant has not been given access to its website by Chiang since that time. Despite Chiang’s argument he is the rightful owner of the Domain Name based on an agreement with the Complainant, the Panel found he registered the site in bad faith [in part because he changed the registrant information to Third Planet Foods (a mark owned by the Complainant and registered in 1996)].   

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