photostream-11The Complainant in a UDRP action that sought to recover the domain names www.executiveresumepro.com, www.salesresumepro.com, and www.salesresumepro.net was denied transfer of the domains and found guilty of reverse domain name hijacking.  The panel denied the claim on the basis that the Respondent had been using the domains as part of its own legitimate resume writing business for a number of years before the Complainant had registered or started using its RESUME PRO mark with the United States Patent and Trademark Office.

The panel also found that the Complainant had “altered” the factual evidence it submitted in order to try and show it had started using the mark much earlier than it actually had, stating: “[t]he Panel does not accept the Complainant’s evidence that it used the RESUME PRO name as a trade mark before 2005/2006 and accepts the reasoning and evidence presented by the Respondent that this evidence appears to have been altered by the Complainant and does not present the true factual position.”

Although the panel was split on the issue of whether the mark RESUME PRO is confusingly similar to the Respondent’s domains, it is interesting to note that the Complainant was forced to disclaim any alleged rights to the term RESUME in order to obtain the registration because the USPTO thought the term was descriptive...