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Das Auto! Porsches.com domain lost in UDRP

ZFBot

Pluralizing a famous trademark does not make the term generic, particularly when it’s about a brand as famous as Porsche.

The German automaker filed a UDRP for the domain Porsches.com, which was registered in 2000, according to DomainTools.

Would the doctrine of laches apply in this case, as Porsche waited for more than a decade to file this UDRP at the WIPO?

Not so, said the panelist, Jordan S. Weinstein, adding:

“Panels have recognized that the doctrine or defense of laches as such does not generally apply under the UDRP, and that delay (by reference to the time of the relevant registration of the disputed domain name) in bringing a complaint does not of itself prevent a complainant from filing under the UDRP, or from being able to succeed under the UDRP, where a complainant can establish a case on the merits under the requisite three elements. Panels have noted that the remedies under the UDRP are injunctive rather than compensatory in nature, and that a principal concern is to avoid ongoing or future confusion as to the source of communications, goods, or services.”

The Complainant also noted that the owner of the domain and Respondent in this case, used an alias or ‘fake name’ of John Smith, all while they are in fact a “known cybersquatter” by the name of Damian Macafee.

The latter never actually sent in a formal response to this UDRP, and after some analysis on the case, the decision was made to transfer Porsches.com to the Complainant.

For the full text of this UDRP, click here.


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