The WIPO arbitration panel has ruled that the domain name "villeroy-boch.mobi" had been registered in bad faith and ordered that the domain be transferred to its legitimate owner, Villeroy & Boch AG, Germany. The Complainant in the proceedings, Villeroy & Boch AG, Germany, was founded in 1748 and is an international manufacturer of tiles and bathroom and kitchen furniture and accessories and in the course of its existence has become a well-known company worldwide. The Complainant is the proprietor of many trade mark registrations and domain names around the world, all of which are based on its name “Villeroy & Boch”. The interesting point in this case is that a "parking page" was created by the Registrar, a fact of which the Respondent was intially not aware.

"... the Repondent’s statement that the parking page was created by the Registrar, and that at the time the Respondent had no knowledge of its contents. ... Further, the Respondent states that he has not received any money or discount from the website. However, these facts do not exclude bad faith under paragraph 4(b)(iv) [of the Uniform Domain Name Dispute Resolution Policy] for the following reasons: (i) paragraph 4(b)(iv) requires the Respondent to intend to attract Internet users ‘for commercial gain’, but this gain does not need to be derived by the Respondent himself. The Respondent cannot infringe the Complainant’s rights with impunity on the basis that it is allowing a third party to reap the profits of its wrongful conduct; (ii) the Respondent has at all times been in contractual control of the content of the website at the disputed domain name, and had the power to instruct the Registrar to remove the parking page."

The Panel further ruled that