TRADEMARK INFRINGEMENTS OF MAGAZINE DOMAIN NAMES

The administrative panel at the WIPO Arbitration and Mediation Center has considered several cases on trademark infringements claims regarding famous magazines and their domain names. In these cases, the complainants alleged that the infringing parties had no right to register and use domain names that were either identical or confusingly similar to their registered and well-known trademarks. The panel decisions showed a tendency towards protecting the famous magazines' claims. Indeed, the WIPO panel has generally declared that the use of domain names that are identical or confusingly similar to existing trademarks constitutes trademark infringement.

The following questions have been addressed in this article:

How has the criterion of “identical or confusingly similar” been applied in the context of domain name trademark infringement cases respecting magazines?
How has the criterion of “legitimate interest” in a domain name been applied?
What does it mean to register or use the domain name in “bad faith” and how has this criterion been applied in cases involving magazines?

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