Domain disputes solves the case
The WIPO Commission on Resolving Domain Disputes was again marked by an unpredictable decision.
A week ago, when considering a dispute over the TheIDShop.com domain , Laminex, the owner of The ID Store, refused its request to transfer the rights to the disputed domain to it solely on the basis of the limitation period. The domain was registered 15 years ago, in 1998.
Recently, the opposite decision was made on an absolutely identical dispute.
Shoe manufacturer HH Brown Shoe Company has managed to get the transfer of rights to the domain carolinaboots.com. As in the case mentioned above, the domain name does not fully coincide with the brand name: the plaintiff is the owner of the brand Carolina (inscription on shoes and shoes), and not “Carolina boots”. And the most interesting - the domain carolinaboots. Com was registered more than 10 years ago, in 2000 - and until recently the HH Brown Shoe Company did not pay any attention to this.
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In resolving this domain dispute, the statute of limitations was not taken into account. The domain was transferred to the plaintiff on the basis that its previous owner violated intellectual property laws. In particular, he used the name of the Carolina brand for personal gain - to sell products that can not be purchased on the official website of the copyright holder. However, absolutely the same can be said about the content of the site at theidshop.com.
Note that the copyright holder registered the domain carolinashoe.com in his name in 1999, but left without attention an even brighter domain with the keyword - carolinaboots.com, which at that time was free. In 2000, carolinaboots.com was captured by a cybersquatter, and only in November 2012, the HH Brown Shoe Company began to fight for its rights to this domain and sent a complaint to Cybersquatting within the UDRP procedure.
A week ago, when considering a dispute over the TheIDShop.com domain , Laminex, the owner of The ID Store, refused its request to transfer the rights to the disputed domain to it solely on the basis of the limitation period. The domain was registered 15 years ago, in 1998.
Recently, the opposite decision was made on an absolutely identical dispute.
Shoe manufacturer HH Brown Shoe Company has managed to get the transfer of rights to the domain carolinaboots.com. As in the case mentioned above, the domain name does not fully coincide with the brand name: the plaintiff is the owner of the brand Carolina (inscription on shoes and shoes), and not “Carolina boots”. And the most interesting - the domain carolinaboots. Com was registered more than 10 years ago, in 2000 - and until recently the HH Brown Shoe Company did not pay any attention to this.
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In resolving this domain dispute, the statute of limitations was not taken into account. The domain was transferred to the plaintiff on the basis that its previous owner violated intellectual property laws. In particular, he used the name of the Carolina brand for personal gain - to sell products that can not be purchased on the official website of the copyright holder. However, absolutely the same can be said about the content of the site at theidshop.com.
Note that the copyright holder registered the domain carolinashoe.com in his name in 1999, but left without attention an even brighter domain with the keyword - carolinaboots.com, which at that time was free. In 2000, carolinaboots.com was captured by a cybersquatter, and only in November 2012, the HH Brown Shoe Company began to fight for its rights to this domain and sent a complaint to Cybersquatting within the UDRP procedure.
Source: https://habr.com/ru/post/167887/
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