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Best Selling Author Kevin Trudeau Saves 18 Year Old Domain From UDRP Saved In UDRP

Posted on the 30 January 2013 by Worldwide @thedomains

The domain name of a common last name was saved in a UDRP today.

How common is the name “Trudeau”?

Consider that  Pierre Trudeau was twice the prime minster of Canada and hat the domain holder is the best selling author Mr. Kevin Trudeau and that the founder of the company filing the complaint was a Mr. Joseph-Arthur Trudeau.

The domain name was registered on October 11, 1995.

Yes 1995.

So this domain is 18 years  old which could be a record for the age of a domain subject to a UDRP.

Here are the relevant facts and findings by the three member panel:

“The Complainant Trudeau Corporation 1889 Inc,  states as its name indicates that it has been in business since at least 1899.

“It currently manufactures and sells Kitchen and Table products in North America under the trademark TRUDEAU, which it has done since the mid-1990s.

“The name of the company is derived from that of a Mr. Joseph-Arthur Trudeau who worked for the company for many years, and who was appointed President of the company in 1919.

“Complainant filed copies of several registrations of the trademark TRUDEAU, either in block capital letters or in script form, in Canada, USA, China and the European Union and it contends that this name is identical to the disputed domain name

“In Canada, it is not possible to register as a trademark the name or surname of an individual who is living or who has died in the preceding 30 years unless it has been used by the applicant so as to have become distinctive. For this reason Complainant did not attempt to register the trademark TRUDEAU until 1999″.

“Complainant contends that Respondent has made no active use of the disputed domain name as it merely shows a home page which lists websites that refer to the sale of kitchen products that have no connection with itself.

“Furthermore, it is alleged that the disputed domain name is inactive and simply parked.

“Respondent has therefore never made any active, or demonstrable preparations to use the name in connection with a bona fide offering of goods or services.

“Complainant also contends that Respondent has acted in bad faith and that it is indisputable that Respondent must have had Complainant in mind when  registering the disputed  domain name in an attempt to trade on Complainant’s goodwill.

“Respondent claims to be, in fact, a Mr.…

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