February 03, 2007

Confirmation: It is lawful to register a generic domain name even if it is identical to a trademark

The owner of several “PIG” trademarks launched a UDRP procedure against the owner of pig.com. The plaintiff previously tried to purchase this name, but its $ 21,000 offer was not accepted. It then sued, arguing that using the name for a pay per click site is not a legitimate use.
Respondent replied he bought the name for $ 50,000, to derive value from Internet traffic on the basis of the word “pig” (he also has elephant.com in his pocket)... This is why he did not accept the offer.
The Panel found that respondent registered the domain name based on the dictionary meaning of the term “pig” and not to take advantage of Complainant’s generic mark.

NAF 843957, Jan. 29, 2007.

No comments: