United Press International, Inc. attempt to grab the domain name upiphoto.com from the United Photographers Internationals of Greece was just denied by a one member UDRP panel to which the domain holder didn’t even respond.
It seems the panel on its own found the domain name which has been used by the domain holder to sell photos since 2008 was barred by the doctrine of Laches.
“Complainant has not claimed Respondent is a sham organization.”
“Respondent has apparently been using the disputed domain name to sell/license photographs since 2008 without complaint…for more than four full years. During that time, Respondent has undoubtedly acquired rights to the disputed domain name. Complainant’s late claim is barred by laches.”
“Has Respondent infringed upon Complainant’s trademark? Quite possibly, but that is not the standard for prevailing in a UDRP proceeding.”
“Respondent has rights or legitimate interests in the <upiphoto.com> domain name pursuant to Policy ¶4(a)(ii) so the Panel concludes Respondent did not register or use the disputed domain name in bad faith pursuant to Policy ¶4(a)(iii). “
“Did Respondent originally choose its name in 2008 to take advantage of possible confusion with Complainant’s mark? Quite possibly. But that is not the standard for proving this element in an UDRP proceeding.”
This doesn’t strike me as that well reasoned of a decision. If laches becomes more widely accepted as a defense it probably won’t be because of this decision. I’ve posted a discussion of the decision here-
http://www.domainarts.com/2013/05/15/a-move-to-protect-older-domain-registrations-in-the-udrp/