News Trademarks, Domain Names, Copyright 2002

Domain names: Decisions (and indecisions).

1) WIPO Arbitration and Mediation Center decisions (DOMAIN.COM /.NET /.ORG).

23.11.2001

With similar arguments to the Italian decision for CORIAN.IT, CORIAN-SHOP.IT and COREAN.IT (see infra), the Wipo panel has also argued that "The fact that the Respondent may itself deal in CORIAN® products is no answer in this case to the finding of bad faith within the terms of the ICANN Policy. " and has decided for the transfer of the domain name CORIAN-SHOP.COM. (see the decision) to DuPont.

15.02.2001

This panel concludes that the complainant has proven that the contested domain name is confusingly similar to its trademarks FENDI and AREAFENDI, that the respondent has no rights or legitimate interests in the contested domain name, and that the respondent has registered and used the contested domain name in bad faith.

The panel therefore orders the contested domain name AREAFENDI.COM to be transferred to the complainant, Fendi Adele Srl.

28.11.2000

The domain name FENDI.COM is transferred (see also the WIPO web site) to the complainant also considering that it is evidence of the Respondent's bad faith:

1) having registered the domain name as a bar for the complainant's registration of his own trademark;

2) the other respondent's registrations of registered trademarks (mediaset.com, torino-2006.org).

28.11.2000

The “panelist” has ordered the transfer of the domain name FENDIBOUTIQUE.COM (see text of the decision) finding: 1) that in the lack of appearance of the Respondent, there is no evidence of any right or legitimate interest whatsoever in respect of the domain name; 2) that an offer to sell the domain name “for valuable consideration in excess of the documented out-off pocket costs directly related to the domain name” (12,000,000 It Lira) is in itself evidence of “use in bad faith”.

3.11.2000

It is evidence of registration and use in bad faith of the domain name FENDI.ORG (see also the WIPO web site) the fact that the respondent has also registered other well-known trademarks as domain names (such as kenzo.net , salvatoreferragamo.org , salvatoreferragamo.net , dolceandgabbana.net , dolceandgabbana.org ). In the absence of any argument given by the respondent on his possible rights on those trademarks, the Panel orders that the registration of the domain name “FENDI.ORG” be transferred to the complainant.

26.10.2000

The Panel, finding that:

the registration and use of the domain name LASAMBUCAMOLINARI.COM is in bad faith (see also the WIPO web site) because of the lack of truthful information about the registrant's name and address (using foul language);

the registrant has failed to prove arguments in his own favour;

the bad faith of the use (non-use) is also proven because the search in Internet no web page was found associated to such domain name;

registration (and non use for more than 8 months) is an obstacle for the lawful trademark owner to obtain the domain name;

the likelihood of confusion of the domain name with the Complainant's mark and the absence of the Respondent's legitimate rights were demonstrated;

ordered the registrant and the registrar (Network Solutions) to transfer the domain name to the Complainant, owner of registered trademarks.

2) Domain Dispute decisions for Italian domain names (DOMAIN.IT).

3) Italian Courts' decisions.

4) Work in progress.

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