Game Truck Licensing, LLC, of Tempe, Arizona, just lost a UDRP on the domain name GameTruck.com in a decision handed down by the WIPO Arbitration and Mediation Center (WIPO)
The decision is interesting because although the domain name was originally registered before the complaintant’s trademark was applied for, the domain holder just bought the domain name through DomainAdvisors.com in 2012, for a “for a significant sum”
Here are the relevant facts and findings by the three member panel:
Complainant was founded in 2006.
Complainant markets and delivers mobile video game theaters to public, private and corporate events where children and adults of all ages enjoy the latest video game systems (including Xbox 360, PlayStation 3 and Nintendo Wii) in a multi-player environment. The mobile theater itself is a 50-foot self-contained, self-powered, climate controlled environment with multiple wide-screen monitors, an audio sound system, and comfortable seating for up to 20 garners. Each Complainant event is managed by GameCoach.
Complainant has over 60 franchises in 26 states across the United States.
Complainant’s owns two service marks, GAME TRUCK and GAME GT TRUCK. On March 4, 2008, the GAME GT TRUCK service mark was issued to The Game Truck, LLC, and subsequently conveyed to Complainant in April 2010. On July 10, 2012, the GAME TRUCK service mark was issued to Complainant.
The Domain Name was registered on May 12, 2005, and purchased by Respondent from a prior owner on May 3, 2012.
“Respondent contends that this is a case of an overreaching competitor and trademark bully attempting to gain a monopoly on a common term used by competitors and the public alike, to identify vehicles that contain gaming systems, i.e., game trucks. Respondent asserts that it is hard to argue (although Complaint did just that before the trademark examiner) that
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