The Complainant cannot rely upon a trademark that is apparently registered to another entity, and as such, the Complainant has not proven that it is the owner of any registered trademark rights.
In the absence of any registered trademark rights as aforesaid, the Complainant must be able to demonstrate common law trademark rights under the Policy.
T he Complainant is alleging that the unspecified party that owned the disputed domain name prior to the Complainant, itself acquired it from yet another party, in 2003.
Complainant’s Rights The Respondent observes that the US trademark registration cited by the Complainant does not show the Complainant as the registrant.
Whether the Respondent has Rights or Legitimate Interests The Complainant has alleged that the Respondent has no rights or legitimate interest in the disputed domain name.
In the particular circumstances of this case, the Complainant itself does not appear to have demonstrated any registered trademark rights, or even sufficiently demonstrated common law trademark rights, let alone for the material time period, of prior to the disputed domain name having been registered.
The US trademark registration certificate on its face, shows that the registrant is “VLAB Limited”, a Hong Kong company, and not the Complainant.
No assignment agreement in respect of this trademark has been submitted that would explain this discrepancy.
There is no data whatever showing any searches prior to 2004, and back to 2002, when the disputed domain name was first registered by the Respondent. The Complainant has failed to sufficiently demonstrate common law trademark rights, let alone common law trademark rights going back to 2002, or even 2004.