Coca Cola Company ,the world's largest beverage company,has won recently a domain name case .
The company filed a complaint with the WIPO Arbitration and Mediation Center ,requesting the domain name limcabookofrecords.com to be transferred from the respondent to the complainant.
The company is the owner of the "LIMCA" registered trademark and of its unregistered trademark LIMCA BOOK OF RECORDS.Therefore,the complainant contended that the disputed domain name is confusingly similar to its registered trademark and identical to its unregistered trademark.
Moreover,Coca Cola Company contended that the respondent registered and used the domain name in bad faith .
"The domain name was registered in bad faith because the LIMCA and LIMCA BOOK OF RECORDS marks are well known, as is the fact of the publication of the Limca Book of Records under the patronage of the Complainant. The Respondent must therefore be taken to have been aware of those facts when it registered the domain name, especially as the website to which it resolves has been set up with references to record books other than the Limca Book of Records."
Because the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements required,the Panel decided the disputed domain name to be transferred from the respondent to the complainant .
The company is the owner of the "LIMCA" registered trademark and of its unregistered trademark LIMCA BOOK OF RECORDS.Therefore,the complainant contended that the disputed domain name is confusingly similar to its registered trademark and identical to its unregistered trademark.
Moreover,Coca Cola Company contended that the respondent registered and used the domain name in bad faith .
"The domain name was registered in bad faith because the LIMCA and LIMCA BOOK OF RECORDS marks are well known, as is the fact of the publication of the Limca Book of Records under the patronage of the Complainant. The Respondent must therefore be taken to have been aware of those facts when it registered the domain name, especially as the website to which it resolves has been set up with references to record books other than the Limca Book of Records."
Because the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements required,the Panel decided the disputed domain name to be transferred from the respondent to the complainant .
No comments:
Post a Comment