The complaint was brought by Fundación Santa María-Ediciones SM, against the domain holder M.A. Stenzel.

The one member UDRP panel rejected complainant contention that they had trademark rights to the term “SM”

“The Complainant holds numerous trademarks consisting in part of the letters “sm”. In particular, it holds US (n° 3702735) and Mexican (n° 933780) semi-figurative trademarks composed in part of the letters “sm”, as well as Mexican and Italian word trademarks consisting of the letters “SM” and the words “FUNDACION”  (n° 971226) or “EDIZIONI” (n° TO2004C00).

The overall impression resulting from these trademarks can however not be considered to be only and predominantly influenced by the combination of the letters “sm”.

The distinctive element of the  semi-figurative trademarks is their design.

While it is true, that, as regards the word trademarks FUNDACION SM and EDIZIONI SM, the terms “fundación” – the Spanish term for “foundation” – and the term “edizioni” – the Italian term for publishing – are descriptive, this does still not mean that the two letters “sm” are distinctive enough to be confusingly similar to the disputed domain name; quite to the contrary.
“The Panel finds that the mere combination of the letters “sm” as such cannot be considered to have any distinctive character. “

“While the Complainant has tried to demonstrate that its trademarks would be well known all over the world, the evidence put forward is unpersuasive. “

“To the contrary, as demonstrated convincingly by the Respondent, “sm” is a common acronym used by many entities independent of the Complainant. Consequently, the Panel finds that the two letters “sm” cannot be considered distinctive of the Complainant’s activity.