The Complainant, Virox Technologies, Inc., owns the VIROX TECHNOLOGY INC. trademark (registered before the registration of the Domain Name) and was using the VIROX trademark since 2000, long before the registration of the Domain Name. Nameshield (and it’s notorious representative, Daniel Mullen) argues that it re-registered the Domain Name after registering it several years earlier, despite providing no evidence to that effect. Not surprisingly, the web site was being used as a pay-per-click site.
The Panel found the Domain Name was registered in bad faith because the “nominal” ownership of the Domain Name is in breach of the CIRA Registration Agreement (Nameshield allegedly was the nominal holder of the Domain Name for Diversey Inc., who owned a VIROX design trademark that was the subject matter of an expungement proceeding). Interestingly, the Complainant filed an Affidavit from a representative of Diversey Inc., disclaiming any claim to the Domain Name and confirmed that Nameshield is not the nominal holder of the Domain Name (on its behalf). For that reason, the Panel concluded that Nameshield had no legitimate interest in the Domain Name, and Daniel Mullen suffered another CDRP loss.
You can read the decision here.
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