PowerHome.com UDRP Case Study: Complainant Attempts to Acquire 2000 Domain Name

Power Home Remodeling Group LLC (“Complainant”) was founded in 1992, registered the trademark “POWER” and in 2000 registered the domain name PowerHome. com. Recently, the Complainant filed a Uniform Domain Name Dispute Resolution Policy (“UDRP”) complaint with the World Intellectual Property Organization (“WIPO”), requesting that the domain name be transferred from the registrant to itself.

BACKGROUND

The domain name PowerHome.com was recently acquired by Respondent Zhuge Fusheng in a private transaction, and a WIPO panel noted that the words “power” and “home” are generic terms and that the association of the combination of these words with solar energy equipment is not surprising. The Panel emphasized that the Complainant does not own trademark rights to the “POWER HOME” combination and that various other parties have registered the “POWER” trademark with the USPTO.

PowerHome.com website

Key Disputes

The Complainant alleges that the Respondent has breached an agreement with the original registrant of the domain name, however, the Panel notes that although the Respondent recently registered the domain name and may have acquired it through a transfer, there is no evidence in the record that the Respondent has any relationship with Power Home Solar LLC. Therefore, Respondent may not have been aware of the existence of the settlement agreement when it acquired the domain name.

Final Decision

The WIPO Panel finally decided to deny the transfer of the domain name PowerHome.com to the Complainant. The decision is based on the Complainant's failure to satisfy the three elements required by the UDRP Policy: that the Respondent does not have any rights or legitimate interests in the Domain Name, and whether the Domain Name was registered and used in bad faith.

Complainant's Point of View

The Complainant asserts that the PowerHome.com domain name is identical to its well-known trademark and that the Respondent has not acquired the right to legitimately use the domain name. The Complainant further states that the Respondent is using the domain name to mislead potential customers and to damage its goodwill. In addition, Complainant cites past cases in support of its position that Respondent is in breach of the Settlement Agreement.

Respondent's Response

Respondent did not submit a formal response in the proceeding, but in its informal response, Respondent notes that PowerHome.com was registered prior to Complainant's other trademarked domain name, powerhrg.com, and that “power” and “home” are common words, and that PowerHome.com is the domain name of the Complainant's other trademarked domain name. Power” and ‘home’ are common words and the combination PowerHome is not directly related to the Complainant's trademark.