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[[REVISED]] The goal of this news article is to present the information in a clear and concise manner for the reader.
Spanish company Tau Ceramica Solutions, S.L.U. filed a UDRP (Uniform Domain-Name Dispute-Resolution Policy) to gain control of the domain Ascale.com. However, the WIPO (World Intellectual Property Organization) panelist ruled in favor of the domain’s current owner, Wyatt Miller.
The Complainant registered the ASCALE mark in 2017, but the domain Ascale.com was registered eight years earlier in 2009. Despite the Respondent’s apparent intention to sell the domain for $90,000, they have the right to do so as they registered it before the Complainant’s rights to the mark existed.
The WIPO panelist ordered that the domain Ascale.com should remain with the Respondent, Wyatt Miller.
The Complainant, Tau Ceramica Solutions, S.L.U. from Spain, was represented by DEMARKS&LAW. The Respondent, Wyatt Miller, is from the United States. The disputed domain name is registered with GoDaddy.com, LLC.
The Complaint was filed with the WIPO Arbitration and Mediation Center on September 25, 2023. The Registrar, GoDaddy.com, confirmed the registration of the disputed domain name and provided contact information for the named Respondent.
No response was submitted by the Respondent, and the Center appointed Warwick A. Rothnie as the sole panelist in this case. The Panel found that the Respondent had been given a fair opportunity to present their case.
The Complainant, Tau Ceramica Solutions, S.L.U., is a leading ceramics group in Europe with over a century of experience. They promote their products under the trademark ASCALE, and own registered trademarks for a stylized representation of ASCALE in various countries.
The disputed domain name, Ascale.com, was created in 2009. It does not currently resolve to an active website, but it is being offered for sale for a price of EUR 90,832.47 + EUR 19.99 (the annual registration fee).
To succeed in their complaint, the Complainant needed to demonstrate that the disputed domain name is identical or confusingly similar to their trademark, that the Respondent has no rights or legitimate interests in the domain name, and that the domain name was registered and is being used in bad faith.
The Complainant proved ownership of the registered trademark ASCALE, and the Panel found that the disputed domain name is identical or confusingly similar to the mark. However, since the Respondent registered the domain before the Complainant’s rights to the mark existed, the Panel did not find bad faith on the part of the Respondent.
Therefore, the WIPO panelist ordered that the domain Ascale.com should remain with the Respondent, Wyatt Miller.
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