Saw this this morning...
Dispute Resolution Program Boasts a Legal Process that is Quick, Inexpensive,
Neutral and Expert
MINNEAPOLIS, Sept. 13 /PRNewswire/ --
The National Arbitration Forum recently issued decisions on the rights to
Univision.tv, Webkinzz.com, Webkniz.com, Weblinz.com and ChocolateKiss.com.
"Domain names have irreplaceable value for trademark holders. Abusive
practices like cybersquatting and typosquatting can lead to disputes," said
Kristine Dorrain, Internet Legal Counsel. "The National Arbitration Forum
domain name dispute resolution program boasts a legal process that is quick,
inexpensive, neutral and expert."
The following three decisions were made in accordance with the Uniform
Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation for
Assigned Names and Numbers (ICANN) by independent and neutral arbitrators on
the National Arbitration Forum's panel.
Univision.tv
On June 7, 2007, Univision Communications Inc., the premier Spanish-
language media company in the United States, submitted a complaint
electronically with the National Arbitration Forum asserting legal rights to
the domain name Univision.tv. The Complainant requested the dispute be decided
by a three-member panel.
The Panel concluded that the domain name is identical to the registered
trademark UNIVISION with the addition of the .tv extension. Respondent and
registered owner Edmundo Norte could not support his claim of an intent for
future use as a parody site and did not demonstrate rights to or legitimate
interests in Univision.tv. The Panel found that the Respondent offered to sell
the domain name for an amount in excess of reasonable development expenses
which supports findings of bad faith registration and use. The Complainant
successfully established all three elements required under the ICANN Policy
and defended its trademark in domain name dispute resolution. On August 16,
2007, Univision.tv was ordered to be transferred to Univision Communications
Inc.
Webkinzz.com
Ganz, owner of Webkinz a popular line of real and virtual stuffed animals,
submitted a complaint electronically on May 21, 2007. The National Arbitration Forum panelist found that the domain names Webkinzz.com, Webkniz.com, and Weblinz.com were registered by renowned cybersquatter Texas International Property Associates.
The Panel found that the three disputed domain names are confusingly
similar to the WEBKINZ mark all with slight typographical variations. The
Panel went on to find that erroneous variations of Complainant's WEBKINZ mark are typical of typosquatting -- using a website to profit from the mistyping of someone else's trademark -- and prove the Respondent's lack of rights and legitimate interests. Because the Respondent used the websites to generate revenue through pay-per-click advertisements it was found that the domain names were registered and used in bad faith. Ganz proved all three elements required of the ICANN Policy and was granted the rights to Webkinzz.com, Webkniz.com, and Weblinz.com on July 19, 2007.
ChocolateKiss.com
The Hershey Company, one of the largest chocolate production facilities in
the world, filed a claim electronically on April 20, 2007 against Respondent
R. Reaves. Complainant, the Hershey Company, requested that the dispute over ChocolateKiss.com be handled by a panel of three National Arbitration Forum arbitrators.
The Panel found that ChocolateKiss.com was confusingly similar to
Complainant's KISSES mark, as the term "chocolate" was simply descriptive of
Complainant's business and the combination of the terms was calculated to
suggest the involvement of Complainant. The Panel also found that Respondent lacked rights or legitimate interests because the content displayed on Respondent's website gave the erroneous impression that it was affiliated with Complainant. Finally, the Panel found that Respondent registered and was using the domain name in bad faith because Respondent was using this implied affiliation with Complainant to attract users to its website for commercial gain. Accordingly, the Panel granted Complainant's request for a transfer of the domain name on June 8, 2007.
Dispute Resolution Program Boasts a Legal Process that is Quick, Inexpensive,
Neutral and Expert
MINNEAPOLIS, Sept. 13 /PRNewswire/ --
The National Arbitration Forum recently issued decisions on the rights to
Univision.tv, Webkinzz.com, Webkniz.com, Weblinz.com and ChocolateKiss.com.
"Domain names have irreplaceable value for trademark holders. Abusive
practices like cybersquatting and typosquatting can lead to disputes," said
Kristine Dorrain, Internet Legal Counsel. "The National Arbitration Forum
domain name dispute resolution program boasts a legal process that is quick,
inexpensive, neutral and expert."
The following three decisions were made in accordance with the Uniform
Domain Name Dispute Resolution Policy (UDRP) of the Internet Corporation for
Assigned Names and Numbers (ICANN) by independent and neutral arbitrators on
the National Arbitration Forum's panel.
Univision.tv
On June 7, 2007, Univision Communications Inc., the premier Spanish-
language media company in the United States, submitted a complaint
electronically with the National Arbitration Forum asserting legal rights to
the domain name Univision.tv. The Complainant requested the dispute be decided
by a three-member panel.
The Panel concluded that the domain name is identical to the registered
trademark UNIVISION with the addition of the .tv extension. Respondent and
registered owner Edmundo Norte could not support his claim of an intent for
future use as a parody site and did not demonstrate rights to or legitimate
interests in Univision.tv. The Panel found that the Respondent offered to sell
the domain name for an amount in excess of reasonable development expenses
which supports findings of bad faith registration and use. The Complainant
successfully established all three elements required under the ICANN Policy
and defended its trademark in domain name dispute resolution. On August 16,
2007, Univision.tv was ordered to be transferred to Univision Communications
Inc.
Webkinzz.com
Ganz, owner of Webkinz a popular line of real and virtual stuffed animals,
submitted a complaint electronically on May 21, 2007. The National Arbitration Forum panelist found that the domain names Webkinzz.com, Webkniz.com, and Weblinz.com were registered by renowned cybersquatter Texas International Property Associates.
The Panel found that the three disputed domain names are confusingly
similar to the WEBKINZ mark all with slight typographical variations. The
Panel went on to find that erroneous variations of Complainant's WEBKINZ mark are typical of typosquatting -- using a website to profit from the mistyping of someone else's trademark -- and prove the Respondent's lack of rights and legitimate interests. Because the Respondent used the websites to generate revenue through pay-per-click advertisements it was found that the domain names were registered and used in bad faith. Ganz proved all three elements required of the ICANN Policy and was granted the rights to Webkinzz.com, Webkniz.com, and Weblinz.com on July 19, 2007.
ChocolateKiss.com
The Hershey Company, one of the largest chocolate production facilities in
the world, filed a claim electronically on April 20, 2007 against Respondent
R. Reaves. Complainant, the Hershey Company, requested that the dispute over ChocolateKiss.com be handled by a panel of three National Arbitration Forum arbitrators.
The Panel found that ChocolateKiss.com was confusingly similar to
Complainant's KISSES mark, as the term "chocolate" was simply descriptive of
Complainant's business and the combination of the terms was calculated to
suggest the involvement of Complainant. The Panel also found that Respondent lacked rights or legitimate interests because the content displayed on Respondent's website gave the erroneous impression that it was affiliated with Complainant. Finally, the Panel found that Respondent registered and was using the domain name in bad faith because Respondent was using this implied affiliation with Complainant to attract users to its website for commercial gain. Accordingly, the Panel granted Complainant's request for a transfer of the domain name on June 8, 2007.
