Analysis of WIPO Case D2014-1434: Squirrels LLC v. Giorgio Uzonian

Background and Parties Involved

In the case of Squirrels LLC v. Giorgio Uzonian (Case No. D2014-1434), the complainant, Squirrels LLC, is a company based in North Canton, Ohio, USA, specializing in computer software and related technology. The respondent, Giorgio Uzonian, is from Los Angeles, California, USA.

Disputed Domain Name

The domain name at the center of the dispute was squirrels.com, registered with eNom.

Procedural History

The complaint was filed with the WIPO Arbitration and Mediation Center on August 21, 2014. The proceedings officially commenced on August 28, 2014, with a response deadline set for September 17, 2014. The panelists appointed for the case were Gary J. Nelson, David H. Bernstein, and Lorelei Ritchie.

Factual Background

Squirrels LLC held two United States trademarks for SQUIRRELS (Registration Nos. 4554892 and 4554893), both registered on June 24, 2014, and filed in 2012. The company used the domain airquirrels.com, registered on March 19, 2012, for their business. The domain squirrels.com was registered by the respondent on June 24, 1998, long before the complainant’s trademark registrations. The respondent’s use of the domain featured a parked web page with sponsored links, many of which related to the animal squirrels.

Parties’ Contentions

Complainant’s Contentions: Squirrels LLC argued that the domain was identical or confusingly similar to their trademarks, that the respondent had no rights or legitimate interests in it, and that it was registered and used in bad faith.

Respondent’s Contentions: Uzonian maintained that the domain was registered well before the complainant’s trademark rights and was used in its dictionary sense. He argued that the domain’s use for sponsored links related to squirrels underscored its use in a generic context.

Decision and Analysis

Identical or Confusingly Similar: The panel found that the domain name was identical or confusingly similar to the complainant’s trademark, as it fully incorporated the SQUIRRELS trademark.

Rights or Legitimate Interests: The panel determined that the respondent had legitimate interests in the domain. The use of the domain for links related to the animal squirrels was in line with its dictionary meaning, thereby constituting a legitimate interest.

Registered and Used in Bad Faith: The panel concluded that there was no evidence of bad faith registration or use by the respondent. The domain was registered long before the complainant’s trademark and used in accordance with its generic meaning.

Conclusion

The complaint was denied, with the panel finding that the respondent had rights or legitimate interests in the domain and that it was not registered or used in bad faith. This case underscores the complexities surrounding domain disputes involving generic terms and the importance of considering the timeline of domain registration relative to trademark rights.

For more detailed information on this case, you can visit the WIPO Case Summary.

Background and Parties Involved In the case of Squirrels LLC v. Giorgio Uzonian (Case No. D2014-1434), the complainant, Squirrels LLC, is a company based in North Canton, Ohio, USA, specializing in computer software and related technology. The respondent, Giorgio Uzonian, is from Los Angeles, California, USA. Disputed Domain Name The domain name at the center…