IBM is a world famous mark.
Despite the new URS process that allows for trademark holders, particularly those of famous marks, to disable an offending gTLD domain, IBM took the UDRP route.
In a case filed at the WIPO against the domain IBM.buzz, the Complainant was International Business Machines Corporation.
The UDRP was filed 4 months after the domain IBM.buzz was registered at Dynadot, against a Respondent hiding behind WHOIS privacy. The domain was registered at Dynadot.
While the Respondent didn’t issue a bit of a response, IBM flaunted the credentials surrounding its world famous mark.
Mark Partridge, the sole panelist, reminded the parties of the use of the Trademark Clearing House process:
“This Panel finds the notification from the Trademark Clearinghouse to be instructive. In conjunction with the new gTLD expansion, the Trademark Clearinghouse was established in order to protect the rights of trademark holders and avoid consumer confusion. Trademark holders who registered their marks with the Trademark Clearinghouse received the benefit of a service, which for a limited time after launch warns both domain name registrants and trademark holders of possible infringements. In particular, the potential registrant is alerted at the time of registration that it is attempting to register a domain name that matches a trademark term registered with the Trademark Clearinghouse. Registrants who register a domain name in spite of this warning are on notice of the potential infringement claim.”
Naturally, IBM.buzz was ordered to be transferred to the Complainant. For the full text of this case, click here.
