THURSDAY,30 JULY 2015 The Domains
According to the news from Domain.cn on July 30th,Donald Trump has won another UDRP this time on the domain name Trumppalace.com which was purchased by the domain holder for $800 tto sell units in Trump’s condo in Sunny Isle Beach in South Florida
Here are the facts:
“”Complainant Donald Trump is a household name in the United States and in many other parts of the world. He is one of the best known businessmen in the United States. He is known, among other things, as a leading real estate developer. The TRUMP mark has been used and is registered in the United States and in many other countries to identify Complainant’s various goods and services, including famous hotels, resorts, golf courses, and residential or commercial buildings. Complainant holds numerous registrations with the United States Patent and Trademark Office (“USPTO”) for the TRUMP mark, including some marks registered in 1999 and 2000.
Complainant registered the trademark TRUMP PALACE in June 2004 with the USPTO in association with “real estate services, namely listing, leasing and managing residential condominiums” as well as “real estate development and construction of residential condominiums.” The TRUMP PALACE mark was applied for in December 2001, and the first use in commerce of the TRUMP PALACE mark was also December 2001.
As indicated in the WhoIs, the Domain Name was initially registered on August 31, 2003.
Respondent purchased the Domain Name for USD 800 from a prior owner in August 2010.
Since 2005, Respondent has been a Florida-based licensed Realtor. Respondent has listed, sold, and leased property in the Trump Palace located in Sunny Isles Beach, Florida. According to Respondent, “the sole purpose of this domain is to market, sell and lease apartments of owners for potential buyers at Trump Palace.”
Complainant sent Respondent a cease-and-desist letter on January 15, 2015.
On February 6, 2015, Respondent sent Complainant an email stating that he had never used the Domain Name and had no plans to do so.
He said he acquired it in connection with his efforts to resell units in the Sunny Isles Trump Palace.
That same day, Complainant responded by email asking for a transfer of the Domain Name and offering to reimburse Respondent for his acquisition costs.
As of a certain point, unknown from the Complaint or the annexes thereto, the Domain Name was redirected to Respondent’s main website, “www.brittreeves.com”, which promoted Respondent’s real estate company, Beachfront Realty. The website indicates that Respondent’s company provides real estate services “throughout the Metro area.”
As of June 30, 2015, according to Respondent, the Domain Name resolved to a website stating, in part:
“LIST YOUR CONDO
I AM YOUR TRUMP SPECIALIST! I CAN GUIDE YOU THROUGH THE SALES PROCESS IN SOUTH FLORIDA! I HAVE KNOWLEDGE REGARDING THE DEVELOPERS AND WHICH BUILDINGS ARE BETTER INVESTMENTS! (…) WE ARE NOT AFFILIATED WITH THE TRUMP ORGANIZATION. I SELL TRUMP CONDOS FOR OWNERS AND BUYERS.”
The one member panel quickly found that the trademark predated the ownership of the domain name, and that the domain holder had no rights to use the domain that contained the trademark concluing:
Respondent (who undisputedly had knowledge of Complainant and his famous family of marks at the time Respondent acquired the Domain Name in 2010) has used the Domain Name in bad faith within the meaning of the Policy.
Specifically, the Panel finds, on a balance of probabilities and on the record in this case, that Respondent took advantage of Complainant’s famous marks by redirecting the Domain Name to the website promoting Respondent’s real estate business in general.
The realty services offered at that site were not confined to listings at Trump Palace.
As such, the Panel concludes that Respondent is in bad faith within the meaning of Policy, paragraph 4(b)(iv).