Can’t Wait for the IPO: Eat At Sunys

Case: D2002-0968

Domain(s): sunyx.com

Complainant: SuNyx Surface Nanotechnologies GmbH

Respondent: Primmer, Phil

The Defense:

The Respondent submits that he registered the Domain Name, as well as the domain name <sunys.com>, for his own venture. He alleges that he had plans to use the Domain Name and the domain name <sunys.com> in the establishment of a historic warehouse style eatery restaurant in the west harbour of Owen Sound Ontario, Canada. He explains that Sunys is the name of the main family restaurant and, next door in the rear is the after-hours, sports bar area for adults called SunyX.

The Respondent states that he already bought the premises for the restaurant and that there are many newspaper stories that refer to his plans. He attached to his Response a document showing an image of himself in front of a building and a headline stating "New life for old bulding, Phil Primmer in front of old Black Clawson Kennedy plate shop. Primmer and his wife are buying the building and the house next door". The image appears to be a partial scan of a newspaper of October 30, 2002.