The Complainant is a personal injury law firm operating in Vancouver, British Columbia. It asserted common law trademark rights in its name, Slater Vecchio. The Complainant initially alleged that the Registrant was a former client of the firm, and involved in a defamation suit between the parties (Heinz Kreutz). The Registrant was later identified as K Mullen.
The Panel dismissed the Complaint because of a lack of evidence evidencing rights in the Mark 'Slater Vecchio'. Interestingly, the Panelist referenced the criteria contained in the WIPO Overview relating to UDRP proceedings and cited a failure to provide duration and nature of use of the mark, sales documentation, advertising and degree of public recognition. The Panel did not accept the website printouts and conclusory statements confirming use of the mark for over twenty years.
You can read the decision here.
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