Descriptive Trademark Registered On US Supplemental Register Insufficient To Satisfy UDRP's First Element

International - Hogan Lovells International LLP

• Efling LLC, which asserted trademark rights in ONLINE VITALS, sought transfer of 'onlinevitalus.com' under UDRP
• Panel stated that mark registered on US Supplemental Register does not by itself provide evidence of distinctiveness to support trademark rights
• Complainant had not presented suffcient evidence to prove that its asserted mark had acquired suffcient secondary meaning to confer unregistered trademark rights

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a UDRP panel has refused to transfer the domain name 'onlinevitalus.com', fnding that the complainant had failed to establish the frst element of the UDRP and further fnding that the respondent had established rights or legitimate interests in the domain name.