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:
Alan L. Limbury rules in favor of the Respondent ?
Good God Are you sure ?
Edward C says
They should look at this again and reverse the ruling. That’s absurd. The douche regged it in bad faith, no doubt.
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.