Monday, July 31, 2006

Domain Names - Reseller's Right to Use Supplier's Mark

Domain name conflicts often arise over whether a reseller can have a legitimate interest in a URL including a supplier's trademark.
Law Wire recommends a study of the World Intellectual Property Organization's "Overview of WIPO Panel Views on Selected UDRP Questions," a reseller can be making a bona fide offering of goods and services, and thus have a legitimate interest in the domain name if the use fits certain requirements, including
the use of the site to actually sell only the supplier's goods
the site accurately disclosing the registrant’s relationship with the trademark owner,
the respondent not trying to corner the market in domain names that reflect the trademark.
Please refer to Oki Data Americas, Inc. v. ASD, Inc. D2001-0903 and (transfer denied); Experian Information Solutions, Inc. v. Credit Research, Inc. D2002-0095 (transfer ordered); DaimlerChrysler A.G. v. Donald Drummonds D2001-0160 (transfer denied with dissent); Philip Morris Incorporated v. Alex Tsypkin D2002-0946 (transfer); and Dr. Ing. h.c. F. Porsche AG v. Del Fabbro Laurent D2004-0481 (transfer denied). Cf. Motorola, Inc. v. NewGate Internet, Inc. D2000-0079 (transfer with dissenting 0pinion involving adult content).

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