Log in


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

Want to receive Class 46 by email?
Click here subscribe for free.

Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WIPO: bmwaudiobooks.com

BMW logo
The WIPO arbitration panel has ruled that the domain name bmwaudiobooks.com had been registered in bad faith and ordered that the domain be transferred to its legitimate owner Bayerische Motoren Werke AG, Munich, Germany. Mark Ming-Jen Yang, acting as sole panelist, ruled that

The dominant and distinctive component of the Disputed Domain Name is “bmw”, which is identical to Complainant’s BMW Trademarks. The addition of the generic words “audio books” does not make the dominant element “bmw” less distinctive

The Panel accepted BMW's contentions that the domain name was registered and used in bad faith. The Panel concluded that:

It is very likely that Respondent chose the Disputed Domain Name for the opportunity to gain traffic on its own website from Internet users who are looking for Complainant’s website at "www.bmw-audiobooks.com". The underlying registry data for the Disputed Domain Name shows that Respondent chose as Meta Keywords, "BMW Audio Books" and also the authors featured in Complainant’s book series, such as "Karin Slaughter" and "Simon Kernick" in order to get traffic intended for Complainant’s website.

Bayerische Motoren Werke AG v. Domain Name Services, Case No. D2008-0147 of 17 March 2008.

Posted by: Tomasz Rychlicki @ 11.11
Tags: Bad faith, Domain names, WIPO Arbitration and Mediation Center,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA223
Reader Comments: 0
Post a Comment

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.

The Class 46 Archive








+44 (0)116 2747355
+44 (0)116 2747365

9 Cartwright Court, Cartwright Way
Bardon, Leicestershire
LE67 1UE


Ingrid de Groot
Internal Relations Officer
Alessandra Romeo
External Relations Officer
James Nurton
Newsletter Editor
Robert Harrison

Signup for our blogs.
Headlines delivered to your inbox