- Gonzalez Saggio & Harlan - http://www.gshllp.com -
GSH Wins Arbitration and Client Gains Control of a “Typo-Squatting” Domain Name
Posted By jryan On July 11, 2013 @ 2:06 pm
On July 9th, after months of diligent and persistent efforts, our client acquired control of an infringing domain name with offensive content that “sounded like” our client’s licensed trademark, BETTIE PAGE. Peggy Miller and Jason Marin obtained a favorable arbitration ruling after commencing a domain name Uniform Dispute Resolution Proceeding (UDRP) against the “typo-squatter” conducted before the National Arbitration Forum under ICANN rules. Our client is a licensee of the famous trademark BETTIE PAGE (a well-known model and “pinup queen” of the 1950’s) for use in connection with clothing and paper goods, and operates physical stores and a website using the trademark as part of the domain name. Respondent used a minor misspelling of the trademark in a domain name that was found to be a “phonetically indistinguishable alternate spelling” to our client’s domain name, and hid its identity through multiple layers of secrecy and privacy walls. However, through diligence and persistence, we were able to track down the true information for the Complaint and file the UDRP. The Respondent failed to respond to the Complaint, which was not an automatic win; rather, the Arbitrator (Honorable Carolyn Mark Johnson, Retired Judge) analyzed our Complaint in detail and found that Respondent had no rights or legitimate interests in their domain name, had registered it in bad faith, and that their domain name was confusingly similar to our client’s famous trademark. The Arbitrator ruled that our client had sufficiently argued all the elements of a claim against the Respondent and ordered that the domain name be transferred to our client’s control. Shoppers seeking to buy authentic BETTIE PAGE clothing online won’t be misdirected to an infringing website anymore!
Article printed from Gonzalez Saggio & Harlan: http://www.gshllp.com
URL to article: http://www.gshllp.com/firm-news/gsh-wins-arbitration-and-client-gains-control-of-a-%e2%80%9ctypo-squatting%e2%80%9d-domain-name
Click here to print.
Copyright © 2011 Gonzalez Saggio & Harlan. All rights reserved.