A French man using the pseudonym “Marlboro51” on a variety of online forums, has single-handedly beaten a tobacco giant.
Philip Morris USA Inc. filed a UDRP at the WIPO, against the domain name Marlboro51.com.
The domain isn’t about cigarettes, however, but just a single page portal that contains links to forums of interest to the Respondent. The Respondent uses that pseudonym on these communities.
According to the Respondent, who apparently were bold enough not to use a lawyer in his response:
“The defendant then alleges that the choice of the domain name is explained by the fact that it is present on many forums under the pseudonym “marlboro51” inspired the film “Harley Davidson and the Marlboro Man” and that the website linked to the disputed domain name consists of a favorites list to find the forums where he goes regularly. The site is not commercial and does not link to shopping sites.“
A very novel approach, that regardless, worked.
The sole panelist, Philippe Gilliéron, stated the following about Marlboro51.com:
“Contrary to the applicant’s allegations, it does not appear that the disputed domain name would be exploited for the purpose of obtaining commercial benefits; the mere presence of a banner ad on a discussion forum to which the site refers attached to the disputed domain name can not be considered a commercial use of the disputed domain name itself, as tenuous links appear with a banner set actually on another site.
Contrary to the applicant’s allegations, the fact that the defendant is sometimes identified by Internet users by first name does not change the fact that the defendant himself appears routinely and systematically published in these forums under his pseudonym, even if it sign posts sometimes themselves his first name.
In itself, it does not therefore appear that the defendant, who registered the disputed domain name in 2008 to list the favorite discussion forums which it participates under the pseudonym “marlboro51″ for many years, make use of bad faith of the disputed domain name.”
The panelist refused to order the domain to be transferred to the Complainant. For the UDRP text, translated in English click here; or view the original in French.
There are plenty of cases were its obvious there is some blatant trademark issues but not here. I am glad the guy won considering his page is a bunch of links to cars, sports and other random topics none involving cigarettes or smoking.