Red Letter Days, created in 1989 and found on the web at
redletterdays.co.uk, failed to establish that Geneva-based RDX was
aware of its existence when the .com domain name was registered in
2002.
RDX pointed out to the WIPO panel that red letter days is a
generic term meaning a fortunate or auspicious day, a memorably
happy or noteworthy day and a day on which something special
happens. The origin, said RDX, is the custom of marking holy days
and saints' days on calendars with red letters.
A three-member panel of the World Intellectual Property
Organisation's arbitration centre concluded that redletterdays.com
"seems to have been registered within dictionary (sic) meaning of
the word 'Red Letter Days' and not with a view to free ride on
goodwill created by the Complainant."
Dismissing the complaint, the panel said there was no need for
it to decide whether the name was being used in bad faith by reason
of carrying a banner ad for Golden Moments – which calls itself
"Europe's number one experiences company" – and the panel
acknowledged that its decision should not prejudice or influence
possible future court proceedings.
Red Letter Days made its name offering experiences ranging from
bungee jumping to circus training. But cashflow problems sent the
company into administration last summer. It was rescued by
entrepreneurs Peter Jones and Theo Paphitis in August 2005.
