Analysis of WIPO Case No. D2019-1787: Tergus Pharma, LLC v. Domain Administrator, DomainMarket.com
- by Staff
In the domain name dispute case D2019-1787, Tergus Pharma, LLC, a United States-based dermatology-focused pharmaceutical firm, filed a complaint against Domain Administrator, DomainMarket.com for the domain name “tergus.com.” The case was filed on July 25, 2019, and decided by the WIPO Arbitration and Mediation Center.
Key points of the case:
Tergus Pharma, LLC was formed in March 2012 and filed for a trademark soon after. They claimed first use of the TERGUS PHARMA trademark in commerce on August 31, 2012.
The disputed domain name “tergus.com” was created on October 31, 2004, and acquired by the respondent in December 2010, before the complainant’s trademark existed.
The complainant inquired about purchasing the domain name in 2012 and 2018 but found the asking price too high.
The domain name was used by the respondent as part of their domain resale business, and it resolved to a page advertising the domain name for sale.
The WIPO panel found that while the domain name was identical or confusingly similar to Tergus Pharma’s trademark, there was no evidence of bad faith registration or use by DomainMarket.com. This decision was based on the timing of the domain name’s acquisition, which was before the complainant’s trademark existed. Consequently, the complaint was denied, and the domain name remained with DomainMarket.com.
This case highlights the importance of timing in relation to trademark rights and domain name registrations in UDRP proceedings.
For a detailed account of the case, you can refer to the WIPO’s decision on their website: WIPO Case D2019-1787.
In the domain name dispute case D2019-1787, Tergus Pharma, LLC, a United States-based dermatology-focused pharmaceutical firm, filed a complaint against Domain Administrator, DomainMarket.com for the domain name “tergus.com.” The case was filed on July 25, 2019, and decided by the WIPO Arbitration and Mediation Center. Key points of the case: Tergus Pharma, LLC was formed…