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We all know that in order to take a domain from you, the complainant needs to prove 3 things:
The domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights
What if the complainant does not have a TM but his product/service is well known? Anyone recalls a case that a domain was transfered to the complainant eventhough the complainant had no TM at the time the domain was registered ?
Respondent has no rights or legitimate interests in respect of the domain name
No questions here.
The domain name has been registered and is being used in bad faith.
Does this requirement relates to the domain creation time or to the time that the current holder bought it ?
For example:
1999 - the domain aaa.com is registered by person A
2002 - company X registeres a TM on "aaa"
2003 - the domain aaa.com is sold by person A to person B
2005 - company X files a UDRP against person B.
Will company X be able to prove that "The domain name has been registered in bad faith" ?
Thanks for your help.
The domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights
What if the complainant does not have a TM but his product/service is well known? Anyone recalls a case that a domain was transfered to the complainant eventhough the complainant had no TM at the time the domain was registered ?
Respondent has no rights or legitimate interests in respect of the domain name
No questions here.
The domain name has been registered and is being used in bad faith.
Does this requirement relates to the domain creation time or to the time that the current holder bought it ?
For example:
1999 - the domain aaa.com is registered by person A
2002 - company X registeres a TM on "aaa"
2003 - the domain aaa.com is sold by person A to person B
2005 - company X files a UDRP against person B.
Will company X be able to prove that "The domain name has been registered in bad faith" ?
Thanks for your help.