WIPO D2024-3893 DIAMONDPOINT.COM
Jakob Ruben van Gelder vs. SyncPoint, Inc.
**Inapplicability of Figurative Trademarks**: The Complainant's trademarks, including the 1989 and two 2016 registrations, are all "figurative," protecting logos or graphical representations, not just words. UDRP jurisprudence confirms figurative marks don't grant exclusive rights to the words within them, particularly in domain name disputes where no graphics are used. Thus, these trademarks do not establish confusing similarity with "diamondpoint.com," and the complaint should be denied.
**Non-Use in Commerce**: DiamondPoint.com has never been used in commerce, negating any bad faith claims. The domain has been passively held since its registration in 2001, with no intent to exploit any trademarks associated with "Diamond Point."
**Multiple Legitimate Entities**: "Diamond Point" is used by various legitimate businesses in the U.S. and other countries, unrelated to the complainant. This indicates that no exclusive right to the name exists, making the complainant's attempt to claim the mark overly broad and unfounded. Third-party websites using the "Diamond Point" mark in unrelated industries include:
**Complainant's Nationality and Geographic Focus**: At the time of our 2001 registration, the complainant's presence was limited to the Netherlands. We were unaware of their operations then and even until this UDRP case. Their acquisition of DiamondPoint.net occurred after 2015, long after our legitimate registration.
**Laches**: The complainant delayed over two decades after our 2001 registration to file this UDRP case. This delay, known as laches, demonstrates their lack of legitimate interest and precludes any claim of bad faith. They only acquired DiamondPoint.net sometime after 2015.
**Genericness/Descriptiveness**: "Diamond point" is a generic term referring to an instrument with a diamond tip, used in various industries, according to the Merriam-Webster Dictionary. Its widespread use makes it inherently generic or descriptive, so passive holding does not infringe the complainant’s trademark rights.
Whois taken on Mar 24 2015: ======================================================================
| Domain: | DIAMONDPOINT.NET |
| Registrar: | whois.enom.com |
| Created: | 2002-05-29 |
| Expires: | 2015-05-29 |
| Updated: | 2015-03-24 |
| RegName: | THIS DOMAIN FOR SALE TOLL FREE: 866-822-9073 WORLDWIDE: 339-222-5132 |
| RegOrg: | BUYDOMAINS.COM |
| RegAddr: | 738 Main Street #389, Waltham, MA 02451, United States |
| RegEmail: | brok*****@buydomains.com |
| Namesvrs: | NS.BUYDOMAINS.COM, THIS-DOMAIN-FOR-SALE.COM |
Whois taken in 2013: ======================================================================
| Domain: | DIAMONDPOINT.NET |
| Registrar: | whois.enom.com |
| Created: | 2002-05-29 |
| Expires: | 2014-05-29 |
| Updated: | 2013-05-02 |
| RegName: | THIS DOMAIN FOR SALE TOLL FREE: 866-822-9073 WORLDWIDE: 339-222-5132 |
| RegOrg: | BUYDOMAINS.COM |
| RegAddr: | 738 Main Street #389, Waltham, MA 02451, United States |
| RegEmail: | brok*****@buydomains.com |
| Namesvrs: | NS.BUYDOMAINS.COM, THIS-DOMAIN-FOR-SALE.COM |
Whois taken on Sep 21 2014: ======================================================================
| Domain: | DIAMONDPOINT.COM |
| Registrar: | whois.dynadot.com |
| Created: | 2001-03-13 |
| Expires: | 2015-03-13 |
| RegName: | Tech Admin |
| RegEmail: | tech*****@virtualpoint.com |
| Namesvrs: | NS1.GRIDHOST.COM, NS2.GRIDHOST.COM |