DOMAIN NAME DISPUTES INVOLVING AUTOMOBILE MANUFACTURERS

The World Intellectual Property Organization (WIPO) Arbitration Panels have upheld the rights of automobile manufacturers who request transfer of domain names that incorporate their trademarks. WIPO Arbitration Panels particularly protect automobile trademark owners from cybersquatters and rival companies that divert Web-traffic to their own sites.

The following questions have been addressed in this article:

Can non-use be evidence of bad faith?
Can the Panel draw a negative inference if the respondent fails to respond to the allegations?
In the United States, under which circumstances can a third party register and use a domain name that incorporates a third party’s trademark?

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