Ambit Holdings, L.L.C. who held a trademark on the term Ambit just lost a UDRP on the domain name ambit.com
The domain holder which also formed a corporation named Ambit some how was able to acquire a domain name in 2010, that the trademark holder with a BILLION dollars in sales failed to do.
Here are the relevant facts and findings by the one member panel
Complainant is an electricity and natural gas service provider that serves residential and commercial customers, primarily marketed through a direct sales channel of more than 150,000 Independent Consultants.
Complainant has served more than 1 million residential customers and produced nearly $1 billion in sales.
Complainant has received widespread recognition for its services provided under the AMBIT mark
The domain name at issue, (the “Domain Name”), was acquired by Respondent on March 2, 2010.
Proper resolution of this dispute requires the Panel to make findings as to the registration and use of the AMBIT mark and as to the registration and use of the Domain Name
Regarding the AMBIT mark, the Panel finds:
Complainant’s predecessor-in-interest, Ambit Energy, LP (“Predecessor”) adopted and first used the AMBIT ENERGY mark in 2006, in conjunction with the distribution of energy, namely, distribution of electricity and natural gas to residential and commercial customers.
Predecessor extensively marketed and advertised its services of energy distribution in the Dallas/Fort Worth area and on the Internet.
Predecessor’s method of marketing involves referral services in which its customers refer other potential customers to Predecessor for electrical services.
Predecessor has been successful in its marketing and advertising, in substantially expanding its services of energy distribution.
Predecessor has obtained federal, nationwide rights in the AMBIT ENERGY mark by reason of its U.S. Trademark Registrations Nos. 3,389,995 and 3,443,624 having effective dates of July 3, 2007 and February 15, 2007.
Predecessor adopted and first used the AMBIT mark concurrently with the AMBIT ENERGY mark, and has used that mark in a manner similar to the AMBIT ENERGY mark
Predecessor has obtained federal, nationwide rights in the AMBIT mark by reason of its U.S. Trademark Registration No. 3,783,848 having an effective date of April 14, 2009.
Complainant acquired all right, title and interest of Predecessor in the AMBIT ENERGY and AMBIT marks and their associated goodwill on May 5, 2011.
Complainant has continued and expanded Predecessor’s use and registration of the AMBIT ENERGY and AMBIT marks to the present.
Respondent registered the Domain Name on March 2, 2010.…
