September 21, 2004

A domain name can use a trademark to sell trademarked goods

"... the Panel does not find ... that the addition of the term "direct" to a trademark is inevitably suggestive of the trademark owner's own, or an authorized, website. ... In this case, the Panel is not of the view that the choice of the Domain Name inevitably gives rise to a likelihood of confusion. The Panel also observes that a case based on the suffix "direct" may well be stronger where the complainant is primarily a retailer, as opposed to a case such as the present, where the Complainant is primarily a manufacturer whose goods are sold by retailers, including retailers independent of the Complainant."
==> No transfer to Le Creuset of the domain name

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