Karin Segall Obtains UDRP Victory for Gillette Creamery

Gillette Creamery's longstanding but unregistered use of the mark TRI-COUNTY ICE CREAM provided the basis for successfully recovering the domain name TRICOUNTYICECREAM.COM.  The registrant claimed that his use of the domain name was a legitimate business use because he operated under that name and had been granted a business name by the New York Secretary of State.  The arbitrator rejected that assertion and found in favor of Gillette Creamery, agreeing with our position that it was "inconceivable" that the domain name registrant did not know of our client’s name and mark TRI COUNTY ICE CREAM when he registered the domain name.  The case serves as a good example of using the quick and efficient domain name dispute resolution proceeding to shut down unauthorized websites and also serves as a reminder that merely obtaining a business name from the State does not confer trademark rights.  

View a Copy of the Decision by the National Arbitration Forum