Electronic Arts has lost an arbitration case over the domain name SSX.com.In a decision released recently,the National Arbitration Forum dismissed Electronic Arts' complain which claimed that it was entitled to the domain SSX.com .
Electronic Arts holds a trademark registration for the "SSX" mark.Therefore,the company contended in the complaint that the disputed domain name is confusingly similar to its trademark.Moreover Electronic Arts contended that the respondent registered and used the disputed domain name in bad faith,but it failed to prove so :"Finding that Respondent has an unrebutted “potential” interest in the domain name, it is not necessary to discuss bad faith, but the Panel chooses to do so. In a case like this one, where there is no attempt to “target” Complainant’s interest in Complainant’s mark to capitalize on the good will associated with a three-letter mark, widely used by others, the subsequent use for “click-through” revenue is not enough. "
The respondent , Abstract Holdings International LTD contended that he has registered the domain name on March 2000,earlier than the first use of the mark.Therefore,the respondent contended that the domain name registrations couldn't have been in bad faith .
The Panel ordered the disputed domain name to remain with Abstract Holdings International LTD.
You can read the decision here .