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TheDomains.com

URS Denied On Aeropostale.uno

April 10, 2014 by Michael Berkens

A Uniform Rapid Suspension examiner, Alan L. Limbury, has denied the complainant of the clothing company, Aeropostale Procurement Company, Inc The domain name aeropostale.uno

“Complainant here submitted with its complaint copies of the certificates of registration of seven United States AEROPOSTALE trademarks, four of which are in the name R. H. Macy & Co., Inc., two of which are in the name Aeropostale West, Inc., and one of which is in the name Aeropostale, Inc.

Complainant submitted no evidence of any relationship between any of those companies and the Complainant, Aeropostale Procurement Company, Inc.

Accordingly there is no evidence before the Examiner that the Complainant holds a valid national or regional registration for a mark to which the domain name is identical or confusingly similar.

After reviewing the parties’ submissions, the Examiner determines that the Complainant has NOT demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner dismisses the complaint without prejudice to the Complainant proceeding with an action in court of competent jurisdiction or under the UDRP and hereby Orders the following domain name be RETURNED to the control of Respondent: .”

Filed Under: URS

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. BrianWick says

    April 10, 2014 at 3:17 pm

    Alan L. Limbury rules in favor of the Respondent ?
    Good God Are you sure ?
    http://www.defaultdata.com/Images/AlanLimbury/Alan.jpg

  2. Edward C says

    April 11, 2014 at 10:03 am

    They should look at this again and reverse the ruling. That’s absurd. The douche regged it in bad faith, no doubt.

  3. TMNetLaw says

    April 11, 2014 at 3:07 pm

    Interesting that Aeropostale prevailed in a URS in March for aeropostale.clothing, as same Complainant. I presume that same trademark registrations were presented by same counsel. Earlier decision apparently let slide not connecting up the trademark registrations by different names with Complainant name.

  4. bnalponstog says

    April 11, 2014 at 8:06 pm

    Muy extraño


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