The World Intellectual Property Organization UDRP Panelist, Nick J Gardener has awarded the Standrews.com domain name to the famous golf course St Andrews Links. This is an interesting case because St Andrews is also the name of the town in which St Andrews Links is located.
St Andrews is a town in Scotland, which is famous for its golf courses and is widely regarded as the original home of golf, where the game was first developed in the early 15th century. The name St Andrews therefore enjoys much reputation around the world, particularly among golfers.
The Complainant, St Andrews Links Limited is one of the famous golf courses in St Andrews and is the owner of numerous applications and registrations worldwide for the mark ST ANDREWS.
The case of the Complainant is that the Respondent, Peter Arnold has registered a website www.standrews.com with Webfusion Ltd and has offered for sale, golf related merchandise and equipment including a booking service for the Complainant’s golf courses.
The Respondent has never appeared before the Panel and hence the decision is made exparte in favour of the Complainant.
For succeeding in a proceeding under UDRP, the Complainant must establish that:
1) The Domain name is identical with or confusingly similar to the Complainant’s trademark;
2) The Respondent has no rights or legitimate interests in respect of the Domain name;
3) The Domain name has been registered in bad faith.
The Panel finds that the Complainant has legitimate rights in the mark ST ANDREWS and the impugned Domain name is identical or confusingly similar to the Complainant’s trademark. Further the Panel also finds that the Respondent has no rights or legitimate interests in the Domain name as the evidence submitted by the Complainant clearly indicates that the Domain name was selected by the Respondent because of its association with the Complainant.
As a result, the Panel finds that the Domain name has been registered and is being used in bad faith. Interestingly, the panelist, in his decision, also recognizes the rights of third parties to use the mark ST ANDREWS in an additional section titled “Other Consideration”: “As indicated above whilst the Panel concludes that the Respondent has no legitimate interests in the name “St Andrews” it may well be that there are other entities or organizations which could claim such an interest. Nothing in this Decision by this Panel should be taken to involve any determination as to the respective rigs of the Complainant and any such entity”.
Source: www.domainwire.com
You can see the full judgement
here
