My Gameroom LLC initiated a UDRP procedure against Facebook for gameroom.com, registered in 2016, based on the rights it holds on “MY GAMEROOM” U.S. trademarks, registered since 2018, but used since 2016.
The transfer request was rejected for several reasons. First, the panelist considered that “Complainant provide[d] no evidence of significant use of its mark from September 2016 up to its registration date in 2018“. Second, the complainant failed to convince the panelist that Facebook did not have legitimate rights or interests in the gameroom.com domain name. Facebook also demonstrated that it uses the domain name gameroom.com in conjunction with its “GAME ROOM” trademarks. Consequently, the respondent clearly demonstrated its rights and legitimate interests in the domain name.
Finally, the request for a ruling that the UDRP complaint was abusive was rejected since, as a trademark owner, the complainant could believe in its chances of success.
Source: NAF, FA2012001923613, My Gameroom LLC v. Domain Admin / Facebook, Inc., January 14, 2021.
