DOMAIN NAMES THAT INFRINGE UPON COMMERCIAL ENTERPRISES' TRADEMARKS

The administrative panel at the WIPO Arbitration and Mediation Center has decided several cases involving trademarks of commercial enterprises and the use of those trademarks in domain names registered by third parties. Complainants in these cases argued that the use of their trademarks in third party's domain names infringes upon their commercial enterprise's trademark and that the domain names had to be transferred to the complainants. The WIPO panel has found that in these cases there is trademark infringement when it is clearly obvious that the domain name was registered in bad faith and the registrant had no legitimate rights to use the disputed domain name.

The following questions have been addressed in this article:

Can domain names using the trademark of a commercial enterprise be used for the purposes of criticism?
What is an example where a domain name of one commercial enterprise that was similar to another commercial enterprise’s trademark was not found to be infringing?
How does the WIPO panel treat trademarks that consist of words or phrases that are used in ways unrelated to the complainant?

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