No response was filed by the Domain Registrant of BayAreaNews.com, but he won anyway in the case of California Newspapers Partnership v. Whois Watchdog / Domain Administrator, decided by Panelist Tyrus R. Atkinson, Jr. See the case here : http://domains.adrforum.com/domains/decisions/1387445.htm.
Complainant publishes daily newspapers in California, USA under its BAY AREA NEWS GROUP mark. Complainant holds a trademark registration with the United States Patent and Trademark Office (“USPTO”) for its BAYAREANEWSGROUP mark (Reg. No. 3,828,326; filed January 27, 2010; issued August 3, 2010).
Respondent registered the <bayareanews.com> domain name on March 25, 2003. The disputed domain name resolves to a website that contains hyperlinks to third-party news websites that compete with Complainant’s newspaper business.
Complainant first began using the BAYAREANEWSGROUP mark in 2006. Complainant does not provide any evidence that would demonstrate Complainant’s use of the mark prior to Respondent’s registration of the disputed domain name. Therefore, the Panel cannot find that Respondent registered the disputed domain name in bad faith pursuant to Policy ¶ 4(a)(iii). The respondent could not have registered or used the disputed domain name in bad faith where the respondent registered the disputed domain name before the complainant began using the mark.
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