UDRP’s were to settle clear cut disputes for trademark holders where a matching domain name or one which was confusing similar.
I think this panel has gone way beyond a set of facts that qualifies for simple in awarding a domain name murko.com registered some 17 years ago back in 1997 to a complainant on common law trademark rights grounds.
Moreover for to order a transfer of a domain name on a UDRP the complainant is suppose to show the domain holder registered the domain in bad faith and used the domain in bad faith, however this panel didn’t even mention how the domain was being used just how the whois records were being changed.
The panel took the change in ownership reflected by the whois record to come the conclusion that the domain was registered and used in bad faith.
How can the panel conclude the domain was used in bad faith when it doesn’t even discuss how the domain was used just whom it was registered to?
Here are the facts and findings by the one member panel who was Harrie R. Samaras:
Complainants (collectively, “YKK”) are privately held New York corporations based in Marietta, Georgia. They manufacture fasteners and zippers used in the garment, apparel and footwear industries. Complainants are part of the YKK Group, a zipper manufacturer that has been making zippers since the 1930s.
Pursuant to an Asset Purchase Agreement and a Bill of Sale and Assignment Agreement (dated August 8, 2006), Complainants acquired all of the assets of the going business of Murko Machinery & Die Company, LLC (“Murko”), a privately held New York company.
Since 1960, Murko has been widely acknowledged as a manufacturer of zipper machinery, having customers in the United States, the Americas (North, Central and South America).
Since August 2006, YKK has operated a machinery division under the name “Murko Machinery” or “Murko”. All goodwill in the MURKO Mark through the use of the Mark by Murko and its successor-in-interest YKK inures to YKK.
Based on a pre-complaint investigation, YKK believes Respondent was a designer of Murko’s website before YKK purchased Murko’s assets.
That person would have been responsible for designing and maintaining Murko’s website at “www.murko.com”.
In a search performed back on September 5, 2013, the WhoIs database shows that Murko Machinery & Die Corp. was the registrant of the Domain Name and Simon Ip was the Administrative and Technical Contacts.…
