IPPro Issue 002

UDRP Decisions
Whose Domain Name Is It Anyway?
Facebook, Paddy Power, Deutsche Lufthansa and Red Bull have all
appeared in UDRP at the World Intellectual Property Organisation and
Alternative Dispute Resolution in recent months
Red Bull has won the rights to an infringing domain in a World
Intellectual Property Organization Arbitration and Mediation
Centre dispute.
Irish bookmaker Paddy Power has recovered a disputed domain in
a World Intellectual Property Organisation Arbitration and Mediation
Centre dispute.
Corporate
Brand
Services
Corporate Brand Services
Everything you need in a brand proteccon partner
The energy drink company, who also own sports teams around
the world, alleged that redbullmlsstore.com is near identical to its
registered trademark for Red Bull.
Sole panellist Nick Gardner found that the infringing domain name
was registered in bad faith to mislead users into thinking that they
had accessed the New York Red Bulls Major League Soccer team
online store. Gardner said: “The overall impression created by the
respondent’s website suggests that the disputed domain name was
registered by the respondent in order to establish an online business
which deceived Internet users into believing that the website was an
officially approved website offering merchandise relating to the New
York Red Bulls major league soccer team.”
Paddy Power alleged that paddypower.ro was registered in bad faith
as the original registrant of the domain, Petrin Milenco Daniel, was
using Paddy Power’s trademark for financial gain.
Prior to filings its complaint at WIPO, Paddy Power had sent Daniel a
cease and desist letter.
Daniel offered the domain name up for €5 million on the attached
website, but removed all content on the website after he received the
cease and desist letter.
Sole panelist Beatrice Jarka ruled that the disputed domain should be
transferred to Paddy Power as the domain was registered in bad faith.
Domain Name
Portfolio Management
Registraaon & consolidaaon
Renewal management
Porrolio review
Privacy, proxy and trustee soluuons
New TLD launches
Monitoring &
Enforcement Services
Domain & trademark monitoring
UDRP/URS
Cease & Desist leeers
DMCA take-downs
Case research and invessgaaon
Gardner ruled that the disputed domain should be transferred to
Red Bull.
Deutsche Lufthansa has claimed a domain in a UDRP dispute at the
Alternative Dispute Resolution Forum.
The German airline claimed ownership of lufthansaemployment.com
from Frank Panno, who originally registered the domain name.
The disputed domain name diverted users to a fraudulent version of
the Lufthansa website, which the airline claimed was used to phish
for user’s details.
Sole panellist Bruce Meyerson found that the domain name was
confusingly similar. He said: “The domain name is identical or
confusingly similar to Complainant’s mark as it merely appends the
generic term ‘employment’ and the generic top-level domain term
‘.com’ to the fully incorporated trademark.”
Meyerson also found that the domain was being used in bad faith
and that Panno was using the domain name “in connection with an
email phishing scheme for commercial gain”.
He added: “Accordingly, the panel agrees that [Panno] disrupts
Lufthansa’s business and attempts to commercially benefit off the
Complainant’s mark in bad faith.” Meyerson concluded that the
disputed domain should be transferred to Lufthansa.
12 IPPro The Internet
Jarka said: “The fact that the disputed domain name was advertised
for sale to the general public on its webpage, and subsequently
changed as a result of receiving a cease and desist letter, shows
that [Daniel] was not intending to use the disputed domain name in
connection with a bona fide offering of goods and services, as his
primary intention appears to have been to profit from the sale of the
disputed domain name to the complainant.”
Facebook has recovered three infringing domain names in a World
Intellectual Property Office Arbitration and Mediation Centre dispute.
The social networking giant alleged that facebooksupport.com,
facebookusers.com and facebookworld.com were confusingly
similar, if not identical, to its registered trademark.
Sole panellist Andrew Brown found that the infringing domain names
were confusingly similar.
Brown said: “The disputed domain names contain as a first and dominant
element [Facebook’s] world-famous trademark Facebook, combined
with generic and geographical terms ‘support’, ‘users’, and ‘world’.”
He also found that the original registrant of the domains had used
two of the disputed domains to send fraudulent phishing emails or
to spread malware.
Brown concluded that the disputed domains should be transferred
to Facebook. IPPro
Domain Acquisition
Services
Professional and discreet
Experienced and knowledgeable negooators
Assessment and valuaaon services
Escrow and clearing services
US 877.983.6624
Int ++1 760.444.8674
www.101domain.services
Copyright © 1999 - 2018 By 101domain GRS Limited.
Security & Tools
Proteccon with mull-layered security
2-factor authenncaaon
Private Registraaon
Registry locks
DNSSEC