• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
Domain Industry & Internet News

Domain Industry & Internet News

Domain Name Industry News

  • Home
  • About
  • Archives
  • Submit News
  • Comment Policy
  • Privacy Policy
  • Advertise Hosting & Domain Industry Jobs
You are here: Home / trademark / Gillette.ro WIPO Decision Provides Interesting Comments

Gillette.ro WIPO Decision Provides Interesting Comments

May 18, 2009 by Michele Neylon

One of the WIPO decisions published today relates to gillette.ro.

The registrant (respondent) didn’t make any submissions in their defence, so the decision could have been quite banal.

However some of the panelist’s comments under the “Registered and Used in Bad Faith” section are quite interesting under:

The Panel disagrees with the Complainant’s submission that the only conclusion that can be drawn from the registration of a domain name consisting of a well-known trade mark such as the Complainant’s GILLETTE trade mark and the history of the Respondent’s similar conduct in respect of other well-known trade marks is that the Respondent registered the Domain Name in the hope of obtaining financial compensation from the rightful trade mark owner.

It appears to the Panel that while this is definitely a possibility, such an intention cannot simply be assumed in the circumstances as the Complainant has not adduced any evidence as to the Respondent’s offer for sale or other attempt at reaping financial benefits through registration of the Domain Name. The Panel notes that the Domain Name is not in use, and does not resolve to any page which would suggest that the Domain Name is for sale.

Put in simpler English. You can’t just make assumptions. You need to provide evidence.

Ultimately the case was won by Gillette, but the “assumptions without evidence” are an interesting sidenote.

Related articles by Zemanta
  • Air France Win WIPO Case (isquattedyour.eu)
  • Fatboy.ie WIPO Case (isquattedyour.eu)

Filed Under: trademark, udrp, wipo Tagged With: Panel, trademark, Uniform Domain-Name Dispute-Resolution Policy, wipo, World Intellectual Property Organization

About Michele Neylon

Michele is founder and managing director of Irish domain registrar and hosting company Blacknight. Michele has been deeply involved in domain and internet policy discussions for more than a decade.
He also co-hosts the Technology.ie podcast.

Primary Sidebar

Recent Articles

ICANN’s Cancún Meeting Was Almost Normal

Middle East DNS Forum to be Held in Istanbul

Gandi Merges with TWS to Form “Your.Online”

Anguilla Offline due to Fibre Issue

IGF 2023 to be Held in Kyoto, Japan

Recent Comments

  • ICANN Gets First Female CEO on Centralnic Head Honcho Announces Immediate Retirement
  • Kieren McCarthy Elected to Nominet Board on Nominet Election Candidates 2022 Finally Announced
  • Michele Neylon on Nominet Taking RDAP Out of Beta
  • Gavin Brown on Nominet Taking RDAP Out of Beta
  • ICANN Heading to Hamburg (ICANN78) and Los Angeles (GDD) Plus Training For African Registries - Goldstein Report on ICANN Announces GDD Summit Dates & Location

Categories

Blogroll

  • Alex Bligh
  • Circle ID
  • Domain Incite
  • Domain Name News
  • Domain Name Wire
  • Jason Thompson

Blogs

  • Domain Gang
  • Stéphane Bortzmeyer

Archives

Recent Comments

  • ICANN Gets First Female CEO on Centralnic Head Honcho Announces Immediate Retirement
  • Kieren McCarthy Elected to Nominet Board on Nominet Election Candidates 2022 Finally Announced
  • Michele Neylon on Nominet Taking RDAP Out of Beta
  • Gavin Brown on Nominet Taking RDAP Out of Beta
  • ICANN Heading to Hamburg (ICANN78) and Los Angeles (GDD) Plus Training For African Registries - Goldstein Report on ICANN Announces GDD Summit Dates & Location

Categories

Blogroll

  • Alex Bligh
  • Circle ID
  • Domain Incite
  • Domain Name News
  • Domain Name Wire
  • Jason Thompson
  • Nigel Roberts

Blogs

  • Domain Gang
  • Stéphane Bortzmeyer

Copyright © 2023 InternetNews.me