The Complainant is Liquid Audio Inc., a California Corporation with its principal place of business in New Jersey. In a non-standard communication after filing the Amended Complaint (and after the Response), the Complainant mentions that the Trademark was originally registered January 2, 1996 under a different owner but did not establish continuity of ownership or business succession between the different trademark owners. <\/p>\n
The disputed domain name <liquidaudio.com> was registered January 2, 1996 and currently resolves to a registrar suspended website due to these proceedings. Prior to the suspension, the Complainant claims that the website was actively used providing Amazon affiliate links, without submitting any relevant proof.<\/p>\n
The Respondent has filed an administratively compliant response and is claiming registration rights of the disputed domain name prior to the trademark registration date.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>", "no_response_filed": "
COMPLAINANT:<\/span> The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
"no_rights_or_legitimate_interests": " The Complainant has, to the satisfaction of the Panel, shown that the Respondent has no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
"bad_faith": " The Complainant has failed to show that the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
"procedural_factors": " The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
"decision": "Rejected",
"panelists": [
"Stefanie Efstathiou LL.M. mult."
],
"date_of_panel_decision": "2024-12-02 00:00:00",
"informal_english_translation": " The Complainant owns the US trademark registration No. 7445609 \"LIQUID AUDIO\", filed in 2022 and registered on July 16, 2024 (hereinafter referred to as the \"Trademark\").<\/p>\n The Respondent did not assert any trademark rights but priority registration rights of the disputed domain name.<\/p>",
"decision_domains": {
"liquidaudio.com": "REJECTED"
},
"panelist": null,
"panellists_text": null
}
The Complainant contends that the disputed domain name is identical to the Trademark.<\/span>
Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not commonly known by the Trademark, is not affiliated with nor authorized by the Complainant in any way, that neither license nor authorization has been granted to the Respondent to make any use of the Trademark or apply for registration of the disputed domain name and that the disputed domain name's use in not a legitimate non-commercial or fair use.<\/span>
Finally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent registered the disputed domain name in order to hold the domain name without using it with a website, engaging in a pattern of conduct by registering domain names in order to prevent trademark owners from reflecting their trademarks in corresponding domain names. Further, Complainant contends that the Respondent is using the disputed domain name in bad faith for the purpose of disrupting the Complainant’s business and intentionally attempting to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with the Trademark as to the source, sponsorship, affiliation, or endorsement.<\/span><\/span>
RESPONDENT:<\/span>
The Respondent contends that he is the registrant of the disputed domain name, that the disputed domain name has been registered since 1996 and that the business of the Complainant is much younger. He is also willing to make an offer and that there have been attempts to agree on a \"small compensation\" for the disputed domain name but the Complainant did not react. <\/span><\/p>",
"rights": "