Success Bank,represented by David Nelmark submitted a complaint to the National Arbitration Forum requesting the domain name,successbank.com,to be transferred to the bank.
Even though the domain name is identical to the the Bank's registered trademark,the respondent stated that successbank.com was registered in 2003.
"In December 2007, more than four years after registration of the domain name, the Complainant, formerly known as Davis County Savings Bank, changed its name to “Success Bank”. In January 2008, the Complainant obtained federal registration of that term in connection with banking services. The Complainant believes its recent activities have retroactive effect, entitling it to transfer of a domain name which was registered for the purpose of developing a referral service for graphic artists, on the basis of a page and a half of conclusory statements."
Because the complainant failed to establish all the elemens needed ,the Panel decided that only the respondent has rights over the disputed domain name,successbank.com.
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