Sansung has just lost a UDRP on the domain name SamsungHub.com which is being used as a re-directed domain to a site that has Adwords.
Samsung does have a product named Samsung Hub but that just rolled out in 2011, the domain name was registered in 2006
Here are the relevant facts and findings from the one member panel:
“The Complainant is the owner of a number of trademarks consisting of the word “SAMSUNG” (the SAMSUNG Mark), in jurisdictions across the world, including the United States, where the SAMSUNG Mark was registered in 1981, and the United Kingdom of Great Britain and Northern Ireland, where the SAMSUNG Mark was registered in 1993. Consumer studies indicate that the Samsung brand is one of the most well-known brands worldwide.”
The Domain Name samsunghub.com was registered on March 21, 2006.
The Domain Name resolves to a website which reports on the activities of the Complainant, with particular emphasis on the Complainant’s new products.
“The Respondent’s Website does not reproduce the SAMSUNG Mark, except in the context of its news articles nor does it represent that it is connected to the Complainant, but does contain some advertising maintained by Google Ads.”
The Respondent claims that he has used the Domain Name for the purpose of developing and launching a fan site titled “Samsung Hub”.
The Respondent has put on extensive evidence of the use of the Domain Name as a fan-site from 2006 to 2011.
The Respondent continues to operate a fan site however it is now located at “www.sammyhub.com” and the Domain Name simply redirects towards it.
As such the Domain Name is now only used for re-direction purposes.
Given the Panel’s finding under the bad faith element it has not been necessary to reach a final conclusion under this ground.
The Domain Name has been registered for almost 7 years.
In certain circumstances, “The longer the time a disputed domain name has been registered, the more difficult it is for a complainant to prove bad faith registration” AVN Media Network, Inc. v. Hossam Shaltout, WIPO Case No. D2007-1011.
There was no explanation for the Complainant’s delay in filing a complaint about the Domain Name.
It is notable that the Complainant in 2011 launched Android app entitled “Samsung Hub”.
Although the Panel’s decision in this case that the Complainant has failed to establish bad faith registration and use does not rest simply on the passage of time between registration of the Domain Name and the Complainant’s assertion of its rights, it is a fact that the Panel cannot ignore, especially considering the Respondent’s extensive use of the Domain Name in that period.…
