Analyzing WIPO Case D2013-1691: Quality Logo Products, Inc. v. Get On The Web, Ltd.
- by Staff
Background and Parties Involved
In the WIPO Case D2013-1691, the dispute involved the domain name “qlp.com.” The complainant in this case was Quality Logo Products, Inc., a company based in Aurora, Illinois, USA, engaged in customized printing services. They were represented by Golan & Christie LLP, USA. The respondent was Get On The Web, Ltd., a UK company specializing in web development, represented by John Berryhill, Ph.D., Esq., USA.
Key Details of the Dispute
Domain Name and Registrar: The disputed domain name was “qlp.com,” registered with Tucows Inc.
Registration Date: The domain name was initially registered on November 24, 1999.
Complainant’s Contentions
Quality Logo Products, Inc. claimed that:
They began using the trademark QLP from January 1, 2006, and subsequently registered several service marks containing “QLP” in the US.
They argued that the domain name “qlp.com” was identical to their registered service marks.
They contended that the respondent had no rights or legitimate interests in the domain name and that it was registered and being used in bad faith.
The complainant also mentioned that they had attempted to purchase the domain name from the respondent for a reasonable price but were unsuccessful.
Respondent’s Defense
Get On The Web, Ltd. responded by stating:
They had been the original registrant of the domain name since 1999, which predates the complainant’s use and registration of the QLP trademark.
They used the domain name for legitimate business purposes, associated with their web development company.
The respondent argued that their registration of the domain name was not in bad faith, as they had owned it since 1999, well before the complainant’s trademark registrations.
They also highlighted that the domain name had been posted for public sale, and its value as a three-letter domain name was inherently high, which justified their selling price.
Panel’s Decision
The WIPO panel concluded:
The domain name was indeed identical to the complainant’s service mark.
However, the panel found that the domain name was registered by the respondent long before the complainant’s trademark registrations and use of the QLP mark.
As a result, the panel determined that there was no bad faith in the registration and use of the domain name by the respondent.
Consequently, the complaint was denied, and the domain name remained with the respondent, Get On The Web, Ltd.
This case highlights the significance of the registration date of a domain name in relation to the trademark rights claimed by the complainant. The decision also underscores the importance of establishing bad faith in domain name registrations, especially when the domain name in question predates the complainant’s trademark rights.
For more detailed information on this case, you can visit the WIPO Case Summary.
Background and Parties Involved In the WIPO Case D2013-1691, the dispute involved the domain name “qlp.com.” The complainant in this case was Quality Logo Products, Inc., a company based in Aurora, Illinois, USA, engaged in customized printing services. They were represented by Golan & Christie LLP, USA. The respondent was Get On The Web, Ltd.,…