Domain Name Registrant In Vietnam Had No Constructive Notice Of U.S. Trademark Rights

A domain name registrant who resides in Vietnam is not deemed to have constructive notice of U.S. registered trademarks, unless both the complainant and the registrant have substantial connections with the United States. Early Learning Centre Ltd. v. Kiansu Thoi, No. D2004-0692 (Aug. 12, 2005) The panelist rendering a decision under the Uniform Domain Name Dispute Resolution Policy noted that there was no evidence that the complainant's mark was registered in Vietnam, nor that it advertised to or had a general reputation in that country. The panelist also found that there was no evidence that the registrant had any connection with the United States or any other country in which the complainant's mark was registered.
The decision is available at http://arbiter.wipo.int/domains/decisions/html/2005/d2005-0692.html