Here’s a Case When the Complainant Loses - TalkDomains.com

ArtPark · #1 (**permalink**) 09-04-2006, 08:33 AM

I was beginning to wonder if the complainant ever loses in these arbitrations.

Meteorlogix, LLC brought the owner of the domain name, weathersentry.com to court.

ArtPark · #2 (**permalink**) 09-04-2006, 08:39 AM

In this particular case, I didnt really see the angle that the complainant was going for.

Quote:

Having failed to establish all three elements required under the ICANN Policy, the Panel concludes that relief shall be DENIED.Accordingly, it is Ordered that the <weathersentry.com> domain name shall not be TRANSFERRED or CANCELLED from Respondent to Complainant.

ArtPark · #3 (**permalink**) 09-04-2006, 08:41 AM

Want to know more?

Details of this case can be found at:

http://www.arb-forum.com/domains/decisions/743648.htm

ArtPark · #4 (**permalink**) 09-04-2006, 08:42 AM

If you were wondering about the ICANN Policy, it deals with proving:

Quote:

(1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and
(2) Respondent has no rights or legitimate interests in respect of the domain name; and
(3) the domain name has been registered and is being used in bad faith.

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