Transfer of ""

It looks as though the International Federation of Pirates Interests will not succeed in operating its website under the domain name. Recently, a case regarding this issue was decided by WIPO Arbitration and Mediation Center. Alistair Payne, acting as single panelist, noted that:

"The Panel is satisfied that the Respondent must have known of the Complainant’s organization and rights in the IFPI trademark when he registered the Disputed Domain Name. This is so in view of the Complainant’s substantial reputation and the fact that the Respondent, by his own admission, was aware of the Complainant’s activities for some time prior to this dispute. The Respondent has not provided the Panel with a legitimate reason for registering the Disputed Domain Name in these circumstances, other than that he sought to promote an organization said by Respondent to be called the “International Federation of Pirate’s Interests.”

Furthermore, the change to the registrant details after the initiation of this dispute is dubious. The Panel is not entirely convinced by the Respondent’s argument that he received the Disputed Domain Name from an anonymous donor. However, there is insufficient evidence on the face of it to determine whether this is a clear case of cyber flight or not.

The website to which the Disputed Domain Name resolved prior to the date of the Complaint, displayed sponsored links to free music downloading sites and it now displays a skull image indicative of piracy. Copyright piracy is an activity that directly contradicts the Complainant’s main aims and objectives. Re-directing web traffic from the Complainant’s website to the Disputed Domain Name would be likely in the Panel’s view to cause direct confusion with the Complainant’s rights and activities. Even if the Respondent intends a future bona fide non-commercial use for the Disputed Domain Name he has not provided sufficient evidence of proposed use. The Respondent has only indicated that the intended site is for the purposes of a pro-piracy lobby."

IFPI Secretariat, IFPI International Federation of the Phonographic Industry v Peter Kopimi Sunde aka Brokep, Case D2007-1328 from 19 November 2007.

Posted by: Tomasz Rychlicki @ 11.44
Tags: Domain names, Trade marks, WIPO Arbitration and Mediation Center,
0 Comments    Post a comment