D1 Sports Holdings, LLC just lost a UDRP on D1sports.com
Simply stated the trademark holder didn’t get their TM until 2004, the domain name was registered in 2001.
As it should have been, game over.
Here is the relevant facts and finding from the one member panel:
Complainant owns trademark registrations for DI, the earliest being registration number 2,877,559, whose registration certificate recites a first use date of March 1, 2003, filing date of August 18, 2003, and a registration date of August 24, 2004.
Respondent registered the disputed domain on December 31, 2001, a date preceding both Complainant’s first use date and the filing date of Complainant’s application.
Paragraph 4(a)(i) of the Policy requires Complainant to show that Respondent’s domain name is identical or confusingly similar to Complainant’s mark. This provision necessarily implies that Complainant’s rights predate the registration of Registrant’s domain name.
Because the Panel has determined that Complainant has not satisfied this requirement of Policy ¶ 4(a)(i), there is no need to determine whether Respondent has rights or legitimate interests in the domain name or whether Respondent registered or used the domain name in bad faith. Nevertheless, it should be noted that since Respondent’s domain registration predates Complainant’s rights to the mark, Respondent could not have registered the disputed domain in bad faith under Policy ¶ 4(a)(iii).
Having not established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.