WIPO D2024-4055 SPARKLETS.COM
ISI GmbH vs. SyncPoint, Inc.
1. **Prior Registration**: We registered SPARKLETS.COM on March 24, 2003. At the time of registration, we were unaware of ISI GmbH's specific trademark use. The domain was registered in good faith and has been legitimately held without any intent to infringe on their rights.
2. **Multiple Legitimate Uses**: The terms "sparklets" or "sparklet" are widely used across various industries by unrelated entities:
This demonstrates that no single entity holds exclusive rights to the name "sparklets."
3. **Complainant's Geographic Focus**: ISI GmbH is based in Austria and holds a U.S. trademark for certain products. At the time of our 2003 registration, we were unaware of ISI GmbH's operations, and there was no indication of global recognition beyond specific industries.
4. **Laches**: ISI GmbH waited over two decades after our 2003 registration to file this UDRP complaint. Such a long delay demonstrates a lack of legitimate interest and precludes any claim of bad faith.
5. **Genericness/Descriptiveness**: According to the Merriam-Webster Dictionary, "sparklet" refers to a small spark, a tiny point of light, or a small sparkling object. Its widespread use across various industries means passive holding of this domain does not infringe the complainant’s rights.
6. **Complainant’s Delayed Online Presence**: ISI GmbH apparently did not even register the .net version of the domain (SPARKLETS.NET) until January 2010, seven years after our registration of SPARKLETS.COM. This suggests that their online presence and association with the term “sparklets” were minimal or non-existent at the time of our 2003 registration. This further undermines their claim of exclusive rights to the name.
Whois taken on Sep 29 2016: ====================================================================== Domain: SPARKLETS.COM Registrar: whois.dynadot.com Created: 2003-Mar-24 RegName: Tech Admin RegOrg: Virtual Point RegEmail: tech*****@virtualpoint.com Namesvrs: NS1.GRIDHOST.COM, NS2.GRIDHOST.COM Whois taken on Oct 18 2016: ====================================================================== Domain: SPARKLETS.NET Registrar: whois.tucows.com Created: 2010-Jan-12 Namesvrs: **.DOMAINCONTROL.COM, **.DOMAINCONTROL.COM