Analysis of the Domain Name Dispute Case D2019-1070
- by Staff
In the domain name dispute case D2019-1070, Efiling, LLC, a U.S.-based company specializing in vital records services, filed a complaint against German Castillo, Vital Records Direct SL, Spain, over the domain name . Efiling, LLC, operating through “onlinevitals.com” since 2016, claimed rights to the “ONLINE VITALS” trademark. However, the panel found that the trademark, being descriptive and registered only on the USPTO Supplemental Register, did not demonstrate secondary meaning or market recognition exclusively associated with Efiling, LLC.
The disputed domain name, registered by the respondent on September 28, 2017, was used for similar services, but the panel recognized that the respondent had legitimate interests as the business was operational before Efiling, LLC’s trademark application. The complaint lacked substantial evidence to prove the respondent’s bad faith in domain registration or use. Consequently, the panel denied the complaint, ruling against a Reverse Domain Name Hijacking claim by the respondent, as there was insufficient evidence of the complaint being filed in bad faith.
In the domain name dispute case D2019-1070, Efiling, LLC, a U.S.-based company specializing in vital records services, filed a complaint against German Castillo, Vital Records Direct SL, Spain, over the domain name . Efiling, LLC, operating through “onlinevitals.com” since 2016, claimed rights to the “ONLINE VITALS” trademark. However, the panel found that the trademark, being…