WIPO win against TM claim

[neddy]

Just been reading this case which I found really interesting. It concerns using a TM in a domain name.

At first glance, I would have thought that the Complainant would easily win (had 7 TM'S!), but it just
shows that sometimes people (panelist's!) see things differently.

The Panelist found that the Respondent was "not acting in bad faith".

Here is the Respondent's brief response:

In a brief response, Respondent states that the mere use of a trademark as part of a domain name does not constitute 'a trademark violation. Respondent contends further as follows: “There is no confusion or misrepresentation on the site as to whether it’s the original p90x site or owned by Beach Body, LLC. It clearly gives a review of the product (p90x), which I own, and in fact, even gives a positive review, so I clearly not trying to harm Beach Body or alter sales of p90x in a negative way. I use the site to share my experiences with p90x and to specifically talk about its workout schedule. I don’t pretend to be an official site, nor do I try and confuse anyone about that fact.”

All I can say is bookmark this case!

http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2011-0358

 

[DomainNames]

Neddy thanks for this.

Yes there is lots more of these now Panelists learn a bit more. I just hope ALL our AUDRP panelists read it and learn.

Might also be worthwhole some lawyers reading it before tney lodge their complaints and before they send their cease and desist letters.

Either way Im sure that case will be quoted a lot in domain responses!

 

[dreamscanbevisions]

Deffinetly a thank you for the OP yet I really need to confirm.

Any type of non-degrading domain name as long as it doesn't try to convey a false image to visitors can be reg'd, yes but I still need to be sure before I go do some things....

For e.g if MrSupplement is a reg'd tm & a large corporation would I be able to own MrSupplements ? What about MrSupplement if it wasn't reg'd ?

I think it was on this forum that I read somewhere a business attained legal rights to a domain name after a $2000 law suit. Was the defendant acting in bad faith...