ARM Limited having it’s website at www.arm.com since the last 20 years and have few registered Trademark for the term since 1998-99 over ARM and other similar marks – ‘Net+ARM’, ‘ARM Powered’, ‘ARM9TDMI’ and so on. It mainly operates in the field of Technology and Artificial Intelligence.
The Complainant website states we deal into IP Products That Transform Your Business -> 180+ Billion Devices – from Sensors to Smartphones to Servers. It is celebrating 30th Anniversary this year (see here).
But suddenly, for the first time, it has started filing UDRPs over numerous domain names containing it’s registered mark ‘ARM’:
The proceedings in these matters is still to begin, but surely many of these proceedings are not justified, given ‘ARM’ is a generic word. Many of the domain registrants are holding the domain name for sale purposes like Arm.co. Infact, the decisions of impartial UDRP panels of legal experts have found in favor of such business strategy of domain investing.
In the matter of Aurelon B.V. v. Abdul Basit Makrani, [WIPO D2017-1679], it was held that speculating in domain names is lawful business model regardless whether the domain names correspond to marks as long as the proof establishes either 1) respondents have rights or legitimate interests in the domain name; or 2) complainants are unable to prove bad faith registration and use. Further, in Digel Aktiengesellschaft v. Vinay Shan [WIPO D2018-1328], it was discussed that “panels have consistently found that the registration of large numbers of domain names for the purpose of offering them for sale to third parties is not an inherently objectionable activity under the Policy.
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