Domainer Alton Flanders Beats Back UDRP ON CondomWorld.com

 

Alton Flanders represented by John Berryhill, just beat back a UDRP on his domain name CondomWorld.com

The complaint was bought by Nicholas Perez who claimed he owned an US Trademark on the term CONDOM WORLD and common law rights to the term.

The complaint said he uses the term as the name of retail stores that sell condoms and other adult-oriented products in Puerto Rico.

Here are the relevant facts and findings from the one man Panel said:

“”There can be no bad faith registration of the domain name because no evidence has been presented that Complainant had rights in a trademark or common law mark at the time the domain name was registered. ”

“Furthermore, no evidence was presented that Respondent could have had, or did have, knowledge of Complainant’s business at the time the domain name was registered.

“Respondent registered the domain name in 1996.”

“Complainant has not presented evidence that he held either trademark rights or common law rights in the CONDOM WORLD mark as of the date the domain name was registered.”

” Moreover, there is no evidence that Respondent had any knowledge of Complainant in 1996 when Respondent registered the domain name.  Under these circumstances, there can be no bad faith registration of the domain name.”

“Generally speaking, although a trademark can form a basis for a UDRP action under the first element irrespective of its date. . .when a domain name is registered by the respondent before the complainant’s relied-upon trademark right is shown to have been first established (whether on a registered or unregistered basis), the registration of the domain name would not have been in bad faith because the registrant could not have contemplated the complainant’s then non-existent right.”

Accordingly, it is Ordered that the <condomworld.com> domain name REMAIN WITH Respondent.

Bruce E. Meyerson, Panelist