Reckon Limited of North Sydney Australia, just lost a UDRP on the domain name Reckon.com which is owned by Multitech s.r.l. of Rome, Italy.
The domain name was originally registered in 1996 but has been owned by the current domain holder since 2005.
The complainant has a trademark on the term “reckon” registered in 2007.
Here are are the relevant facts and findings by the one member panel
“”The Complainant is an Australian publicly listed company, founded in 1987, specializing in accounting and bookkeeping software for individuals, professionals and small to medium sized businesses in Australia and New Zealand.
In its first year of trading (1987) the Complainant turned over AUD 197,000.
In its tenth year (1997) it turned over approximately AUD 10,000,000.
Over the last 7 years the Complainant’s annual operating revenue has risen from approximately AUD 45,000,000 in 2006 to in excess of AUD 95,000,000 in 2012.
The Complainant is the registered proprietor of several Australian and New Zealand trade mark registrations comprising or including the word “Reckon”, the earliest of which is Australian registration number 1211282 dated November 21, 2007.
The Complainant also holds a number of domain names featuring the word, “reckon”, including the domain name, <reckon.com.au>.
On March 28, 2013 the Complainant’s representative sent an email to the administration contact for the Domain Name in the following terms:
“Our client, who at this stage chooses to keep their identity confidential, has become aware that you are the administration contact for the domain name reckon.com. This domain name is registered to Multitech s.r.l.. We note that there is currently no active site associated with this domain and, according to information available on webarchive.org, this has been the case for quite some time. It therefore seems the registrant may have lost active interest in the domain.
Our client is interested in acquiring the domain name reckon.com for use with its business in Australia. It is willing to pay a reasonable sum for transfer of the domain.”
The Respondent did not reply.
The Domain Name was first registered on October 7, 1996.
It was transferred into the keeping of the Registrar on October 12, 2005.
The Registrar has confirmed that since at least October 12, 2005 the Domain Name has been registered to the Respondent.
This section of the Complaint commences: “When considering all the circumstances surrounding the registration and use of the Disputed Domain Name it is clear that the Respondent registered, and is using, the Disputed Domain Name in bad faith”.…
