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ICANN UDRP Claimant Lacks Common Law Rights in UTAH WEDDINGS

by Mark VB Partridge on Sat 11 Dec 2004 03:29 PM EST | Permanent Link

Keystone Publishing Inc., alleging common law trademark rights in UtahWeddings.Com, sought transfer of the domain name www.utahwedding.com owned by a competitor for wedding services in the Salt Lake area.

Although the Complainant's name had been in use since 2001, the Panel found that it lacked common law rights, stating:

In selecting the quintessentially descriptive name UtahWeddings.com for its wedding business in the State of Utah, the Complainant apparently was more interested in attracting Internet traffic than in coming up with a distinctive name. Thus, while the Complainant has a descriptive mark that attracts a large volume of casual search engine inquiries, the amount of time and effort it would take to endow this mark with secondary meaning is problematic.

Keystone Publishing, Inc. v. UtahBrides.com, Case No. D2004-0274 (WIPO November 17, 2004)

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