Thursday, January 9, 2014


The Complaint sells party supplies using the trademark HALLOWEEN CITY and the domain names and web sites and The domain at issue is

 The Complainant registered the trademark HALLOWEEN CITY on 31 October 2013, but had been using the Trade-mark, unregistered, for many decades. The Panel found that, since the Domain Name is effectively identical to the trademark it was clearly “confusingly similar” to the Complainant’s Trade-mark.

The Registrant initially offered the domain name for sale to the Complainant for US$30,000. The Panel found that offering the Domain Name for sale had long been considered a clear indicium of bath faith. Furthermore, the Panel found that no use was being made of the Domain Name, and was not the name or surname of the Registrant and the Domain Name, and was not linked geographically to any place of business meaning that the Complainant had met its burden of showing that there was some evidence that the Registrant had no legitimate interest in the Domain. The Panelist ordered the transfer of the Domain Name to the Complainant.

You can read the decision here

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