UDRP Panel Denied Complaint on Grief.net Citing Pending Litigation

) for the GRIEF RECOVERY & Design mark (Reg. No. 2,019,818 filed February 23, 1995, registered November 26, 1996).

Respondent registered the grief.net domain name on April 21, 1998, and the domain name on August 31, 1996.

Respondent was an erstwhile licensee of Complainant’s business who failed to comply with the terms outlined in the licensing agreement, and eventually began operating his own competing business, using the disputed domain names to promote his seminars.

Respondent contends that the issues in the current dispute are beyond the scope of the UDRP and requests the Panel terminate the current UDRP proceeding.

Respondent claims that currently a dispute exists with the Federal Court in Canada based on the rightful ownership of the disputed domain names, and terminating the present UDRP proceeding in favor of determining the Canadian action is the most efficient manner of determining a just outcome.

Alternatively, Respondent denies that the and domain names are confusingly similar to Complainant’s GRIEF RECOVERY mark.

Complainant has no basis upon which to claim rights in the word

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