UDRP defense against : A typo of ‘Credit’ – Three member panel agrees!

A registered trademark does not give automatic rights to a domain.

A registered trademark does not give automatic rights to a domain.

If you plan to apply for a trademark, make sure it doesn’t sound like a typo of a commonly searched, generic term.

A three member panel at the WIPO agreed that the domain does not infringe on the Complainant’s mark, CEDIT.

According to ESQwire, the domainer-friendly law firm representing the Respondent:

“The Respondent registered the disputed domain name in good faith based on the inherent value of the common dictionary word “credit”.

This is not a case of a “typosquatter” profiting from the typo of a trademark; the disputed domain name is rather a typo of a highly valuable and regularly searched dictionary word.

Accordingly, the Respondent has used the disputed domain name in connection with a bona fide offering of goods and services in the form of pay-per-click ads related to the word “credit”.”

The Complainant, Florim Ceramiche S.p.A. of Fiorano Modenese, Modena, Italy, attempted to buy the domain unsuccessfully, then filed a UDRP against Vertical Axis, owners of the domain.

The panel rejected the claim that simply because the Respondent asked for a minimum of $29,000 dollars for the domain, that act alone demonstrated bad faith. After all, it was the Complainant that approached the domain’s owner, not the other way around.

Additionally, the CEDIT mark is not famous outside of Italy:

“The Complainant has also not provided any evidence suggesting that the Respondent knew of or has heard of the Complainant and its trademark. Indeed, for the reasons set out above, the Respondent’s position that it did not register the disputed domain name with the Complainant’s trademark in mind appears to be credible.”

The successful defense of the domain by ESQwire, demonstrates the law firm’s capability to handle the challenges that domain investors face today, with success.

Note: ESQwire is a premium sponsor of DomainGang. They have provided us with the information materials, which can be reviewed below.

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