Mike Mann defends harima.com in the UDRP – Domain Name Wire
The chemical company can’t get the .com version of their domain through UDRP…and the price just went up.
Domain investor Mike Mann’s DomainMarket.com successfully defended the domain name harima.com in a UDRP.
Harima Chemicals Group, Inc. of Japan filed the UDRP. The company said it was founded in 1947 and has been using harima.co.jp since 1996. However, its trademarks for Harima were not registered until 2015. Mann’s company acquired the domain in 2008.
Panelist Assen Alexiev determined that Harima Chemicals had not produced sufficient evidence that it had common law rights in the warrant before 2008 and that Mann was targeting the company with its registration. Harima is a province of Japan and the first result on Google for Harima when I search for it.
In support of his claim that he holds unregistered trademark rights, the Complainant points out that he established his base in the United States in 1980 and uses his domain name harima.co.jp for his website. business since 1996. Complainant also asserts that its worldwide net sales in 1997 amounted to US$2.3 million and that approximately 7 percent of those sales were made in the United States. The Complainant has, however, presented no evidence to support these factual statements, other than an impression of the Wayback Machine as a source of information about the existence and content of its website in the past. The Wayback Machine represents a copy of Complainant’s website at “www.harima.co.jp” as of June 30, 1998, which lists Complainant’s subsidiaries, including four in the United States, one of which includes “Harima as part of its corporate name, and a table showing the total amount of group sales in 1995, 1996 and 1997. It is not apparent from this printout whether Complainant actually had sales in the United States in 1997, and if none of these sales were made under the HARIMA brand. Apart from the impression of the Complainant’s website, there is no evidence as to the nature and extent of advertising using the HARIMA mark, and the Complainant has provided no evidence from independent sources as to the degree actual public recognition of the HARIMA designation or consumer surveys. it would establish that the public in the United States recognizes it as a symbol which distinguishes the goods and services of the Complainant from those of others and that it has acquired a secondary meaning referring exclusively to the Complainant.
When the chemical company filed the dispute, Harima.com went on sale for $29,888. The price has gone up, however. It is listed for $1 million today.