UDRP claim failed on bad faith element where domain name registered six years prior to first trademark use

In the case of inMusic Brands, Inc. v. cypack.com / Choi Yun Gul, a single member WIPO panel denied the Complainant’s request to have the domain name <inmusic.com> transferred because the Complainant failed to establish the third UDRP element, namely, that the Respondent registered the disputed domain name in bad faith.

The Complainant is a music technology and consumer electronics brand based in the United States, and has used the trademark INMUSIC since 2007. It registered the mark with the USPTO in 2012. Respondent registered the disputed domain name in 2001. It uses the disputed domain name to publish meditation-themed imagery.

The Panel denied the Complaint because the Complainant failed to demonstrate the the Respondent registered and used the disputed domain name in bad faith. Since Complainant’s trademark rights did not exist at the time the disputed domain name was registered, it could not have been done in bad faith.

inMusic Brands, Inc. v. cypack.com / Choi Yun Gul, WIPO Case No. D2017-1376 (October 19, 2017)

 


About the Author: Evan Brown is a technology and intellectual property attorney helping clients with a wide variety of issues, including domain name disputes under the UDRP. Call him at (630) 362-7237, send email to ebrown [at] internetcases.com, or follow him on Twitter @internetcases. Read Evan’s other blog, internetcases, for more information about general internet law.