SUNDAY, 16 MARCH 2008
WIPO: domain "prada-girls.com" registered in bad faith
The WIPO arbitration panel has ruled that the domain name "prada-girls.com" had been registered in bad faith and ordered that the domain be transferred to its legitimate owner, Prada S.A., Luxembourg. The Complainant in the proceedings is the owner of the famous mark PRADA, which is well-known around the world. The Respondent registered and used the disputed domain name to point to a website which was offering escort services and which contained "erotic pictures of the escort ladies". Richard Hill acting as sole panelist ruled that
"[the] disputed domain name is obviously confusingly similar to the Complainant’s famous trademark PRADA. The addition of the generic term “girls” does not change the likelihood of confusion; Nokia Corporation v. Nokia-girls.com a/k/a IBCC a/k/a Nokiagirls.com, WIPO Case No. D2000-0912."
Mr. Hill further stated that
"... [the] Respondent states that he acquired the disputed domain name for his girlfriend whose nickname is claimed to be “Prada”. However this may be, the Respondent presents no evidence to support this statement. Thus, the Panel holds that the Respondent has not presented any convincing explanation, and much less evidence, that—particularly in view of the fame of the PRADA—mark would suffice to prove a legitimate interest on his part in incorporating the Complainant’s famous trademark into the disputed domain name".
On the point of "bad faith" the sole panelist decided that
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