In a UDRP opinion just released on the domain name OneLove.net, the one person panel found the domain holder who registered the domain for use as a vanity email address was a legitimate use of the domain despite a trademark on the term.
Here are the facts and findings:
Complainant is Raising Cane’s USA, LLC (“Complainant”)
The Domain holder is Eddie Nguyen (“Respondent”) of California.
Complainant holds a trademark registration with the United States Patent and Trademark Office (“USPTO”) for the ONE LOVE mark (Reg. No. 3,033,511 filed March 4, 2004; registered December 27, 2005).
Complainant has used the mark in connection with its restaurant services since 2001.
Respondent registered the onelove.net domain name on December 1, 1998.
“Respondent registered the onelove.net domain name for the purpose of using a vanity e-mail address, and has used an e-mail address associated with the disputed domain name for personal correspondence since December of 1998.”
“Respondent’s use of the disputed domain name in connection with a vanity e-mail address negates Policy ¶ 4(a)(ii) and Policy ¶ 4(a)(iii) arguments based on inactive holding.”
“The Panel holds that Complainant has not established a prima facie case in support of its arguments that Respondent lacks rights and legitimate interests under the Policy”
“Respondent argues that it purchased the disputed domain name to use as a vanity e-mail, and has used it for personal correspondence since December of 1998.”
“The Panel finds that Respondent’s use of the disputed domain name to enable Respondent to use the onelove.net suffix in a vanity e-mail address used for personal correspondence demonstrates rights and legitimate interests under UDRP”
Article source: http://www.thedomains.com/2012/07/27/udrp-panel-one-onelove-net-using-a-domain-of-a-trademarked-term-for-a-vanity-email-address-is-legit/. Creative Commons (CC)
