Friday, 4 August 2017

Trademark Trial and Appeal Board Dismisses Automattic’s Trademark Dispute Against Chris Pearson

In July 2015, Automattic won its Uniform Domain-Name Dispute-Resolution Policy (UDRP) case against Chris Pearson regarding after the panel determined that he failed to establish all three elements required under the ICANN Policy. A party must satisfy all three of the burdens imposed under the Policy in order for the Panel to order transfer of a domain name from the entity registering it. Here, Complainant failed to establish that Respondent registered and used the disputed domain name in bad faith.
See Starwood Hotels & Resorts Worldwide, Inc. v. Samjo CellTech.Ltd, FA 406512 (Nat. Arb. Forum Mar. 9, 2005) (finding that the complainant failed to establish that respondent registered and used the disputed domain name in bad faith because mere assertions of bad faith are insufficient for a complainant to establish Policy ¶ 4(a)(iii)). Therefore, the Panel finds that Complainant failed to support its allegations under Policy ¶ 4(a)(iii) and finds for Respondent.
This allowed Automattic to maintain ownership of Automattic retaliated by filing a petition for cancellation with the United States Patent and Trademark Office. In the petition, Automattic argued


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