The SuperiorDash.com domain name dispute has been dismissed, and the owner retains ownership.

A domain name dispute case involving SuperiorDash.com was recently adjudicated at the World Intellectual Property Organization (WIPO). The complaint was dismissed, and the domain name remains in the hands of the respondent.

The domain name was registered in 1996, nearly three decades ago. The complainant, Carl Zimmerman, a Florida entrepreneur who sells automotive interior products under the name "Superior Dash," claimed that the domain name is identical to his business name and that the respondent has no right to continue holding it.

According to information disclosed in the case, the complainant and the respondent, Maxton Group, Inc., previously had a business agency relationship. At that time, Maxton Group assisted the complainant with online marketing and registered and managed the SuperiorDash.com domain name on its behalf. The partnership subsequently terminated, but the respondent has retained control of the domain name. In recent years, the domain name has been redirected to a website selling similar products, sparking dissatisfaction among the complainant, who has filed a complaint with WIPO alleging trademark confusion and bad faith use. During the trial, the complainant failed to submit proof of trademark registration, asserting only that it had engaged in business activities under the name "Superior Dash" for a long time, thus constituting a trademark right under common law. However, the arbitration panel found the evidence insufficient to demonstrate widespread market recognition of the trade name.

The arbitrators also noted that the domain name was registered before the complainant's trade name rights were established and that the initial registration occurred during the normal course of business between the parties, thus failing to establish bad faith at the time of registration. While the respondent's continued control of the domain name and its redirection to competing websites after the termination of the partnership was controversial, the UDRP rules require the complainant to prove bad faith both at the time of registration and at the time of 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, Inc.

Source: domaingang