The Complainant established its case and the Panelist transferred the Domain
Name to the Complainant.
The Complainant owns the popular OPTREX trade-mark registered in 1937 in
association with eye care products. The
Registrant is the notorious cyber-squatter Nameshield Inc. (Daniel Mullen). The Registrant attempted to cloud the issues
for the Panel by asserting that the Complainant was not actually the trade-mark
owner and that he “cleared the name” for use in LCD display panels, amongst
other things. Not surprisingly the
Registrant did not provide any support for his arguments. The Panel found that the Domain Name was
registered in bad faith because the Domain Name was being used as a
pay-per-click site at the time the Complaint was started, and the Registrant
has been the subject of numerous UDRP/CDRP disputes and has engaged in a
pattern of bad faith.
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Complainant, ICE IP S.A, the owner of the ICE-WATCH trade-mark for use in
association with watches, and the ice-watch.com Domain Name. Although the Registrant responded, there were
deficiencies which were not corrected and the decision was based on the
Complainant’s materials only. Of note: the Complainant provided documents
evidencing rights in the trade-mark prior to the Registrant’s registration
which were not considered because the Panel decided this dispute on the basis
of bad faith only, which was not proved.
The Panel noted
that there was an Agreement between the parties, and the Registrant was the previous distributor of the Complainant’s watches,
and the breach of contract dispute between the parties was beyond the scope of
the Complaint. The Panel found that the
e-mails exchanged between the parties disclosed that the Registrant likely registered
the Domain Name in good faith and in the legitimate belief he would be the
authorized distributor of the Complainant’s watches. The Panel did not accept established UDRP
case law refusing to allow Registrants to hold Domain Names ransom (after a
falling out, for example) because the overall inquiry relates to the time of registration. The Panel refused to acknowledge that the terms of the Agreement provided that the Domain Name transfers to the Complainant upon termination of the Agreement.
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