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TheDomains.com

Short & Sweet D1 Sports Loses UDRP on D1Sports.com Since TM Came 3 Years After Domain

July 23, 2013 by Michael Berkens

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).

DECISION

Having not established all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.

Filed Under: UDRP

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. todd says

    July 23, 2013 at 6:18 pm

    It’s interesting how these UDRPs go. The complainant lost the UDRP for the domain but the respondent can’t use the name D1 sports on their site because then its trademark infringement. Go figure. The complainants twitter, Facebook and instagram etc….are all D1 Sports and with over 30 locations and growing there is money to spend. The respondent isn’t using the D1sports.com domain name because it just redirects to HandSpeedTrainer.com Any brokers reading this contact the owner of D1sports.com and broker the deal to D1sportstraining.com. They want it, have the money and now is the time they will buy it.

  2. Michael Berkens says

    July 23, 2013 at 7:49 pm

    Don’t try to make sense of UDRP decisions they are all over the place without rhyme or reason


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