August 11, 2005

Panel uses the WIPO Joint Recommendation on the use of distinctive signs on the Internet

Are there precedents? This decision (WIPO Decision D2005-0336) is the first I read which refers to the WIPO Joint Recommendation on the Use of Marks on the Internet.
Because the Respondent in this case was prepared to use a suitable disclaimer on its website which would exclude confusion of users, who are expecting to arrive at a website of the Complainant, with the business and the website of the Complainant, the Panel found that the Respondent did not registered and is not using the domain name in bad faith (this Respondent's business name is Accor International, business based in India).

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