Kholodilnik.Ru could not sue Holodok.info domain competitors
Trading house "Edil" tried to take away the domain Holodok.info from competitors. Moscow businessmen appealed to international arbitration, but lost the process.
Trading house "Edil" is well known in RuNet. They own an online store Kholodilnik.ru , as well as a number of domain names, including holod.ru, holodilnik.ru, holodilnic.ru, holodilnik.info, holod.info with an aggregate attendance of about 45 thousand hosts per month. In2003-2006 they have registered the trademarks COLD, HOLOD and HOLODILNIK. This fact was the reason for filing a claim. The plaintiff stated that the disputed domain, although it does not coincide with the registered trademark, is so close to it, so that they can be confused.
As is known, the issues of the transfer of rights to domains that coincide with a registered trademark are handled by the Center for Arbitration and Mediation at the World Intellectual Property Organization. Case No.D2006-0612 at the suit of the Edil trading house was considered by the independent expert of the international center Irina Savelyeva.
The right holders filed their claim to international arbitration on May 17, 2006. The very next day, lawyers appealed to the registrar and received official confirmation of the identity of the owner of the domain, Anton Baranov. The controversial domain holodok.info was registered on January 27, 2005, after which an online refrigerator store was opened on it - a direct competitor to the Kholodilnik.ru store.
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After reviewing all the facts, Irina Savelieva considered that there is a significant difference between the controversial domain and the registered trademark (“ok” suffix), and therefore there are no grounds for the transfer of rights to the domain. Although the plaintiff stated that the competitor specifically registered the name and deliberately highlighted the suffix “ok” with color in order to reinforce the similarity with the name of the more famous store, Irina Savelieva decided otherwise and decided in favor of the defendant.
Interestingly, another potentially controversial domain Holodok.com belongs to Ukrainian merchants and is registered specifically for the online store Holodok.com.ua , which sells air conditioners, heaters and other household appliances.
Trading house "Edil" is well known in RuNet. They own an online store Kholodilnik.ru , as well as a number of domain names, including holod.ru, holodilnik.ru, holodilnic.ru, holodilnik.info, holod.info with an aggregate attendance of about 45 thousand hosts per month. In
As is known, the issues of the transfer of rights to domains that coincide with a registered trademark are handled by the Center for Arbitration and Mediation at the World Intellectual Property Organization. Case No.
The right holders filed their claim to international arbitration on May 17, 2006. The very next day, lawyers appealed to the registrar and received official confirmation of the identity of the owner of the domain, Anton Baranov. The controversial domain holodok.info was registered on January 27, 2005, after which an online refrigerator store was opened on it - a direct competitor to the Kholodilnik.ru store.
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After reviewing all the facts, Irina Savelieva considered that there is a significant difference between the controversial domain and the registered trademark (“ok” suffix), and therefore there are no grounds for the transfer of rights to the domain. Although the plaintiff stated that the competitor specifically registered the name and deliberately highlighted the suffix “ok” with color in order to reinforce the similarity with the name of the more famous store, Irina Savelieva decided otherwise and decided in favor of the defendant.
Interestingly, another potentially controversial domain Holodok.com belongs to Ukrainian merchants and is registered specifically for the online store Holodok.com.ua , which sells air conditioners, heaters and other household appliances.
Source: https://habr.com/ru/post/4351/
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