Unused trademark effects transfer of 'createam.dk'

Denmark

In Createam A/S v CreaTeam, a Danish Internet Forum (DIFO) panel has ordered the transfer of 'createam.dk' to the complainant, even though it had not used its registered CREATEAM mark since 2000.

Createam A/S, an advertising agency, registered CREATEAM in 1972. Following a merger, Createam ceased use of the mark in 2000 and began trading under the name Mantra from 2001. Createam had made use of the domain name 'createam.dk', which, following the merger, redirected internet users to its Mantra website. However, Createam failed to notify the domain name registrar, DK-Hostmaster, of a change to its contact details and its 'createam.dk' registration was cancelled for lack of payment of the renewal fee. In January 2003, the domain name was registered by the respondent - CreaTeam - who started using it for a competing advertising agency.

Createam filed a complaint with DIFO requesting the transfer of the domain name. It argued that the disputed domain name infringed its rights in the CREATEAM mark.

The DIFO panel upheld the complaint and ordered the transfer. It stated that as Createam had last used its mark in 2000, it was still enforceable because registered marks benefit from a non-use protection period lasting five years.

Peter Gustav Olson, Plesner Svane Grønborg, Copenhagen

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