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SellMyApp.com Saved In UDRP AS Complainant Fails To Meet Any Of The 3 Elements Of A UDRP

Posted on the 04 December 2013 by Worldwide @thedomains

Vassilios Pantazopoulos just lost his bid to grab 4 domains including SellMyApp.com with the three member UDRP panel finding the Complainant failed to meet any of the three elements required for a successful UDRP.

The domain holder was represented by Zak Muscovitch of The Muscovitch Law Firm

sellmyapp.com

sellmyapp.net

sellmyapplication.net

sellmyapplication.org

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

On or about October 14, 2010, Complainant launched its website under the domain name sellmyapplication.com. 

On or about February 11, 2011, Complainant received consideration for the sale of goods and services related to the SELLMYAPPLICATION.COM trademark/service mark in the amount of $9.99.

On or about July 6, 2012, Complainant filed an application for a trademark registration with the United States Patent and Trademark Office for the mark SELLMYAPPLICTION.COM in the amount of $9.99. 

On March 19, 2013, the United States Patent and Trademark issued a registration for the mark SELLMYAPPLICTION.COM (“Complainant’s Mark”). 

On or about January 8, 2012, Respondent purchased the Disputed Domain Names <sellmyapp.com> and <sellmyapp.net>.  Prior to Respondent’s purchase, the Disputed Domain Names <sellmyapp.com> and <sellmyapp.net> were not used by the original registrant thereof, and the Disputed Domain Name <sellmyapp.com> redirected to <godaddy.com>.

In order for a complainant to establish the first element of the Policy, she or he must demonstrate and establish that it has rights in a trademark and that the disputed domain names are either identical or confusingly similar thereto.

Trademark rights can be established by demonstrating ownership of a trademark registration issued by a national trademark office, including, but not limited to, the USPTO

Complainant has established that it is the owner of USPTO trademark (e.g., Reg. No. 4,304,654 registered March 19, 2013).

As such, Complainant has established rights in a mark for purposes of Policy ¶ 4(a)(i).

Complainant argues that it also acquired trademark rights in Complainant’s Trademark prior to issuance of the noted trademark registration as the result of its use of the trademark in commerce.  This use consisted of launching a website under the domain name <sellmyapplication.com> on October 14, 2010 and receiving consideration for the sale of goods and services through this website on February 11, 2010.  

Trademark rights can be acquired for purposes of the Policy through use in commerce and without a trademark registration, and for rights to be established in this way a complainant must show the establishment of secondary meaning in the minds of the public.  See AOL LLC v.


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