July 9, 2014
On July 7, 2014 the National Arbitration Forum denied Candela Corporation’s Domain Name Dispute seeking the involuntary transfer of the domain name gentlehairremoval.com from Joseph Parisi, Candela Corporation v Joseph Parisi, Claim Number: FA1405001560791.
By way of history, the Candela Corporation submitted a Complaint to the National Arbitration Forum electronically on May 22, 2014 seeking the transfer of gentlehairremoval.com on the grounds that the complained of domain name is identical to Candela’s registered trademark for GENTLE HAIR REMOVAL, U.S. Reg. No. 4,495,995, and was registered and being used in bad faith by Mr. Parisi.
Mr. Parisi, represented by The Trademark Company, defended the action on the grounds that Candela had failed in its burden to establish its priority of rights, Mr. Parisi’s lack of legitimate interests, or bad faith.
Finding that Mr. Parisi had registered the domain name at issue prior to Candela’s acquisition of rights in its mark, the panel concluded that Mr. Parisi could not have retained a bad faith intent at the time of the registration of the domain name vis-à-vis Candela’s rights insofar as said rights had yet to exist at the time of the registration of the domain name. Accordingly, the panel ruled in favor of Mr. Parisi, the Trademark Company’s client, denying Candela’s requested relief.
Required Ethics Disclaimer: As always, case results depend upon a variety of factors unique to each case. As such, this case result does not guarantee or predict a similar result in any future case.