Yoyo’ing with someone else’s trademarks.
British corporation Yoyo Email Ltd has been brought numerous times to the WIPO this year, defending UDRP cases over its alleged ‘business model’; the latter, incorporates the use of brands, products and trademarks of international companies in the dot .Email gTLD.
It comes as no surprise that despite the settling in private of the Playinnovation case, Yoyo Email Ltd has been unable to utilize that settlement as the basis of its defense, which alleges fair use of domains reflecting existing trademarks.
A Hungarian underwear company using the trademark Tezenis, filed a UDRP for the domain Tezenis.email.
The single member panel found that the domain is confusingly similar to the Complainant’s mark, it’s being used in bad faith, and that Yoyo Email Ltd. has no rights or legitimate interests riding on the coat-tails of someone else’s trademark, thus ordering the transfer of Tezenis.email.
For the full text of the UDRP, click here.
