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Ryan registered the domain name <koozies.com> in December 1998 and used the website from 2008 to 2010 for selling insulated covers called “KOOZIES”. This use stopped in 2010 and thereafter the website has been inactive, resolving to a “404 error” page.
Scribe had a trade mark for KOOZIE in relation to “insulated containers for beverage cans”, originally registered in 1980. This lapsed in 2001 and in 2007 it acquired new trade mark registrations for the term.
In 2012 Scribe wrote to Ryan with a letter of demand but after some communication the matter was not resolved. Seven years later Scribe initiated the domain name dispute.
Ryan was permitted to retain the domain due to following: