Evergreen : Domain UDRP results in transfer order of existing business!

[domainking131]

Generic words put together can lead to some interesting combinations that infringe on existing trademarks.

“Evergreen” is one such word, indicating the perpetuating green foliage of trees or pastures of land, through the year. For that use, the word is clearly generic.
Despite all this, when combined with “SunPower,” there is a problem, as the latter is a registered trademark.
In a UDRP filed at the Arbitration Forum, the owner of EvergreenSunPower.com was challenged by the Complainant, SunPower Corporation.

In this case, the Respondent failed to respond, despite having a fully operating business and web site on that domain.

The sole panelist ordered the domain EvergreenSunPower.com to be transferred to the Complainant.


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[sharkantropo]

Yes, but an accidental trademark infringement is like too much of a coincidence for me, as putting together generic overused words can also produce new unused combinations.