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.
