Ceres
New Member
I came across an interesting UDRP case that involves the domain TripMaker.com, which was registered by an India-based company in 2008.
On 20 February 2009, the Indian company received a cease and desist letter from the well-known company Rand McNally, which owns a US trademark for TRIPMAKER (priority date 20 October 1995). BTW, I can't see that Rand McNally own 'TripMaker' in any cctld, do you? It seems to use the domain randmcnally.com.
The trademark owner was unable to settle the dispute, and therefore commenced a UDRP case a few weeks later.
The respondent argued that it owned a legitimate business called "Trip Maker Tours & Travel." However, most of the respondent's supporting documents were either undated or showed dates that were after April 1, 2009 (ie after date of cease and desist letter). The panel stated that the one piece of evidence that did have a 2007 date:
The respondent argued that it started a live website during the first week of March 2009. However, the panel pointed out that this was after the respondent had received the cease and desist letter dated 20 February 2009. Prior to that date, TripMaker.com was a parked domain.
The respondent was ordered to transfer the domain to the trademark owner.
The fact that the respondent changed tactics as soon as it received the cease and desist letter likely did not help its case?
I confess I hadn't heard of TripMaker before. However, when I checked "tripmaker" and related keywords on the Google Keyword Tool, it indicates that most people are looking for the Rand McNally and its TripMaker software.
On 20 February 2009, the Indian company received a cease and desist letter from the well-known company Rand McNally, which owns a US trademark for TRIPMAKER (priority date 20 October 1995). BTW, I can't see that Rand McNally own 'TripMaker' in any cctld, do you? It seems to use the domain randmcnally.com.
The trademark owner was unable to settle the dispute, and therefore commenced a UDRP case a few weeks later.
The respondent argued that it owned a legitimate business called "Trip Maker Tours & Travel." However, most of the respondent's supporting documents were either undated or showed dates that were after April 1, 2009 (ie after date of cease and desist letter). The panel stated that the one piece of evidence that did have a 2007 date:
Therefore, the panel was of the view that the respondent had no legitimate interests in the domain name.does not reflect any trading with third parties as implied in "a bona fide offering of goods or services" under the Policy.
The respondent argued that it started a live website during the first week of March 2009. However, the panel pointed out that this was after the respondent had received the cease and desist letter dated 20 February 2009. Prior to that date, TripMaker.com was a parked domain.
The respondent was ordered to transfer the domain to the trademark owner.
The fact that the respondent changed tactics as soon as it received the cease and desist letter likely did not help its case?
I confess I hadn't heard of TripMaker before. However, when I checked "tripmaker" and related keywords on the Google Keyword Tool, it indicates that most people are looking for the Rand McNally and its TripMaker software.