According
to the Anticybersquatting Consumer Protection Act Cybersquatting is
registering, trafficking in, or using a domain name with bad faith intent to
profit from the goodwill of a trademark belonging to someone else. The person registering, trafficking, or using
the domain name in bad faith is called a cybersquatter. Typically, the cybersquatter then offers to
sell the domain to the person or company who owns a trademark.
In
a recent case, the jewelry company Swarovski filed a complaint against a Mr. Derk
Hond. The case is, LLSwarovskiAktiengesellschaft v. Derk Hond Case No. D2013-0005. The respondent, sometimes called a defendant,
registered the domain name cheap-swarovski.net.
FACTS
The
Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”)
on January 3, 2013. Swarovski uses the
SWAROVSKI trademarks in connection with crystal jewelry stones and crystalline
semi-finished goods for the fashion, jewelry, home accessories, collectibles,
and lighting industries
LAW
In order to
succeed in its claim, the Complainant must demonstrate that all of the elements
enumerated in paragraph 4(a) of the Policy have been satisfied:
(i) The disputed domain name is identical or confusingly similar to a
trademark or service mark in which the Complainant has rights; and
(ii) The Respondent has no rights or legitimate interests with respect to
the disputed domain name; and
(iii) The disputed domain name has
been registered and is being used in bad faith.
CONCLUSION
The
Panel orders that the disputed domain name be
transferred to the Complainant.
Visit www.sayfiepatents.com
