After controversy regarding selection of the panel, a 3 person panel has rejected BAA’s UDRP complaint regarding registration and use of GATWICK.COM, used in connection with a directory of businesses serving Gatwick Airport. Desipte the panel’s finding that BAA had a common law rights in the trademark GATWICK, it held that the registrant’s business was legitimate, and did not appear to be on notice of BAA’s rights in this common law trademark.
Of interest was the panel’s finding as to registrant’s creation date. Registrant claimed priotiy to 1996, when the whois showed a creation date of 2000. Whois data uses a new creation date when there is a transfer. WhoWas data was entered to identify the 1996 registrant. Registrant claimed that this 1996 entity was his ‘alter ego’ but could not document any relationship to it.