Key facts about Forex Club Group

 


It is well-established that a domain name is not registered in bad faith when it registered prior to when a complaint has trademark rights and without knowledge of those rights. Complainant claims first use as of August 5, For Complainant to prevail, it must prove all three elements.

Forex Club trading information


All submissions were considered by the Panel. Complainant requests that the domain name be transferred from Respondent to Complainant. Complainant has established common law service mark rights to the FOREX CLUB mark in the United States since at least as early as January , and has established international rights to the mark through use on the Internet since at least as early as Complainant owned the forexclub.

Respondent has no rights or legitimate interests in the domain name. There are no services offered or marketed by Respondent in connection with the mark ForexClub. Prior to January 5, , INO. Respondent is using the domain name to attempt to divert traffic to a website that directly competes with the Complainant.

In the middle of May, forexclub. Negotiations were had with buydomains. Forex Club International Limited was not the first owner of this domain name. Complainant claims first use as of August 5, Patent and Trademark Registration Office lists first use as of June 27, Complainant took no action to let INO know of any problem until December , when it caused a cease-and-desist letter to be sent to Maher. In appears INO and Complainant are not competitors.

Respondent has rights and legitimate interest in the domain name, for which it paid valuable consideration. INO registered the domain name 2 years before Complainant applied for trademark registration and 3 years before it was approved.

Given all statements made by Complainant, or its licensee, Complainant should now be esstopped from claiming its first use was before June 27, Complainant fails to show that the term FOREX CLUB is or has been used as an indication of the source of goods or services supplied in trade or commerce and that, as a result of such use, the term has become distinctive of that source.

A failure by a domain name holder to duly renew the domain name registration, blocks the domain name holder form establishing secondary meaning or established common law or unregistered trademark rights. It defies credulity to believe that Respondent, during the negotiations to purchase the forexclub domain name from buydomains.

It is not inconsistent to claim first use at least as early as June 27, on the trademark registration to claim first use internationally as of and in the U.

A central question is how did Complainant let its interest in the domain name lapse? The evidence shows that Respondent purchased the domain name in good faith. To add an opinion you need to login to the site. The Forex Awards ceremony is a unique chance Stay tuned to get to know the Event updates! During great economic recessions, the opportunity exists to make money and great investments by taking advantage of everything the recession has to offer If you frequent forex forums, this word will undoubtedly haunt you.

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