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ICANN UDRP Complaint Denied Where Complainant Failed To Demonstrate Prior Rights in Mark

by Mark VB Partridge on Mon 09 Aug 2004 10:55 AM EDT | Permanent Link

The Sat-Europa Group, a UK distributor of satellite television products, objected to use and registration of the domain names <sat-europa.com> and <sateuropa.com> by a Swiss registrant. Panelist Mark Partridge found that the Complainant did not prove bad faith use and registration because it had not demonstrated protectable rights prior to registration of the disputed domain names. Docker d/b/a Sat-Europa Group v. Saggiori, Case No. D2004-0301 (WIPO July 29, 2004).

This case is a reminder to Complainants relying on common law trademark rights. The failure to submit evidence demonstrating prior rights in the mark at issue may make it difficult, if not impossible, to prove bad faith registration and use.

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