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In a recent Internet dispute resolution process, Eisco Scientific LLC was unsuccessful in obtaining the domain name Eisco.com from its domain name registrant, Hexuan Cai, in a dispute stemming from Eisco Scientific's claim that the domain
In a recent Internet dispute resolution process, Eisco Scientific LLC was unsuccessful in obtaining the domain name Eisco.com from its domain name registrant, Hexuan Cai, in a dispute stemming from Eisco Scientific's claim that the domain name infringed on its trademarks, but the panel ruled otherwise.
Eisco Scientific LLC, a company specializing in scientific laboratory supplies, claimed that Eisco.com was highly similar to its trademark “EISCO” and accused Hexuan Cai of using the domain name in bad faith to mislead consumers. However, the Respondent counters that he legally acquired the domain name in 2012 and that the registration predates any of the Complainant's trademark registrations.
Eisco Scientific LLC Website
In its decision, the Panel noted that the Complainant had failed to demonstrate that the Respondent had no legitimate interest or bad faith in the use of Eisco.com. In particular, the fact that the registration of the domain name predates any of the Complainant's trademark registrations undermines the Complainant's claim. The Panel finds that even if the Domain Name currently resolves to a parked page, this in itself does not constitute evidence of bad faith use.
The domain name Eisco.com was registered on 10/18/1996.
In addition, the Panel finds that the Complainant has failed to provide sufficient evidence to support his claim that the Respondent is attempting to create an association with his mark or to mislead consumers. The Respondent emphasized that he was unaware of the existence of the Complainant or his trademark at the time of registration, but merely registered it for the legitimate purposes of investment and domain name trading.
Ultimately, the Panel rejected Eisco Scientific LLC's request and ruled that the domain name Eisco.com will remain owned by Hexuan Cai. This decision emphasizes the importance of the timing and legitimacy of registrations in dispute resolution and reminds domain name holders of their responsibilities and rights regarding their registration practices.
With the gradual improvement of domain name dispute resolution policies and practices, future decisions in similar cases will continue to impact issues of legitimacy and protection of Internet assets.
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