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CLASS 46


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.

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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
MONDAY, 14 JANUARY 2008
WIPO: domain vodafoneracing.com registered in bad faith

The WIPO arbitration panel has ruled that the domain vodafoneracing.com had been registered in bad faith and ordered that the domain be transferred to its legitimate owner, Vodafone Group, Plc. Knud Wallberg, as sole panelist, ruled that:

"Given the notoriety of the Complainant’s [Vodafone] trademark, the coined nature of the word “Vodafone”, and the extensive promotion of the trademark, it is inconceivable to the Panel that the Respondent registered the domain name without prior knowledge of the Complainant and the Complainant’s mark.

The contested domain name resolves to a website that contains links including “sponsored links” that offers products and services that are in competition with the products and services offered by the Complainant. This indicates that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion to the Complainant’s trademark...".

Case ref: Vodafone Group, PIc v Domain Privacy
Case No. D2007-1684, 4 January 2008

Posted by: Birgit Clark @ 12.38
Tags: Domain names, WIPO, WIPO Arbitration and Mediation Center,
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