The World Intellectual Property Organization (WIPO) recently ruled on the SuperiorDash.com domain name dispute, dismissing the complaint and retaining the domain name as the defendant, Maxton Group.
The domain name was reportedly registered in 1996, nearly three decades ago. The complainant, Florida entrepreneur Carl Zimmerman, who sells automotive interior products under the “Superior Dash” name, argued that the domain name matched his company name and that Maxton Group had no right to hold it.
Case information indicates that the two parties previously had a commercial agency relationship: Maxton Group assisted Zimmerman with online marketing and registered and managed the SuperiorDash.com domain name on his behalf. After the termination of the partnership, Maxton Group retained control of the domain name and, in recent years, redirected it to a website selling similar products. This action sparked dissatisfaction among Zimmerman, who subsequently filed a WIPO lawsuit, alleging trademark confusion and bad faith use.
During the trial, Zimmerman failed to submit proof of trademark registration, claiming only that he had long conducted business under “Superior Dash,” asserting common law trademark rights. However, the tribunal found that his evidence was insufficient to demonstrate widespread market recognition of the trade name. Furthermore, the arbitrators noted that the domain name was registered before Zimmerman’s trade name rights were established, and the initial registration occurred during the normal course of the parties’ cooperation, failing to demonstrate bad faith at the time of registration. Under the UDRP rules, a complainant must prove bad faith in both registration and use, a requirement not met in this case.
Ultimately, the arbitration panel dismissed the complaint, and SuperiorDash.com continues to be owned by Maxton Group.
The article comes from the Internet. If there is any infringement, please notify me to delete it. Please indicate the source when reprinting！
If you have news to publish, please send it to:article@domain.news
