WIPO panel: no retroactive bad-faith registration under the UDRP

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organisation (WIPO), a panel from the WIPO Arbitration and Mediation Centre has denied the transfer of a domain name identical to a subsequently registered trademark because there was no evidence that such domain name had been registered in bad faith with regard to the state of mind of the registrant at the time of registration.

The complainant was Groupe BMTC Inc, a Canadian company also known as Brault & Martineau, which sold items such as furniture, beds, appliances and electronic goods. It owned a number of trademarks for ECONOMAX, including a Canadian word and design mark, registered on October 23 2015, and a Canadian word mark, registered on September 22 2014. The complainant had also owned the domain name ‘economax.biz’ since February 28 2012.

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