Domain Name: strandatkinson.com
Case: Umpqua Investments, Inc. v. Private Registrations Aktien Gesellschaft, No. FA1324718 (Nat’l. Arb. Forum June 15, 2010).
Element(s) not met: 4(a)(i)
To establish common law rights in the mark comprising the Domain Name (evidently Complainant did not have a trademark registration for that mark) Complainant provided its business registration paperwork and a screen shot of its official website. But the panel found this evidence insufficent to show that Complainant had common law rights in its mark prior to Respondent’s registration of the Domain Name.
So the Panel denied the complaint. It found that because Complainant failed to show ownership of trademark rights that extend prior to the registration of the Domain Name, the first of the three UDRP elements was not met. Moreover, the absence of trademark rights meant that Complainant lacked standing to pursue the claim.
