A Chinese cybersquatter who registered the domain MarlboroLighter.com lost it in a UDRP.
According to the UDRP filed at the WIPO, the Complainant is Philip Morris USA Inc. of Richmond, Virginia, represented by Arnold & Porter Kaye Scholer LLP.
The Respondent is Xiyu Zheng of Wenzhou, China.
There’s no doubt that there is an aftermarket for Marlboro lighters on eBay or even Etsy.
Some smokers are passionate about their favorite brand, even if it’s proven to cause cancer. Still, Marlboro is a registered and famous trademark, as the case of MarlboroSucks.com proves.
In his response, the Respondent sent out an email that read as follows:
Dear All
Domain name and articles brand are two different concepts.
There is no relevant stipulation about domain name in law.
We will not cancel the domain name.
If you do want this domain name, we can transfer it to you. But what amount will you make payment for us?
Sincerely
Monies
Imagine being a multi-billion tobacco company, being schooled by a cybersquatter named “Monies.”
The fun continued in a follow-up email to the WIPO:
Dear All
We just applied for adn domain name registration without any commercial interests yet.
Domain name and articles brand are two different concepts.
There is no relevant stipulation about domain name in law.
We will not cancel the domain name.If you do want this domain name, we can transfer it to you. But what amount will you make payment for us?
Sincerely
Monies
Oh well, at least he tried.
Steven A. Maier, sole panelist at the WIPO, sent this case to the burner, ordering the domain MarlboroLighter.com to be transferred to the Complainant.
My Butler rolls his own