This STOP decision transferring to complainant is another argument for appellate review of UDRPs and other domain name resolution proceedings.  Complainant’s ITU trademark application for PAINT.BIZ was filed after the November ’00 announcement of the .biz TLD was announced.  It apparently does use PAINT.BIZ as a trademark on the real world.  We don’t know if it began use of the mark prior to Nov. ’00.  Such use would dispel the (plausible) notion that complainant set this whole thing up.

p.s. The panelist’s observation that registration of a U.S. trademark provides constructive notice to defendant is both correct and irrelevant, as because this was a STOP proceeding, respondent was on ACTUAL notice that complainant DIDN’T have a U.S. registration.