Target denied: First UDRP whack of 2013 arrives

The new year, 2013, started with a denial for Target Brands, Inc. – the US retail giant – at the National Arbitration Forum (NAF.) The decision was delivered yesterday.

In a case brought against the holder of the domain name, TargetApplication.com, a single member panel found that the Respondent has legitimate rights to use the domain.

Despite owning the strong trademark for “Target“, it became clear through the arguments brought forth by the Respondent’s legal representative, prominent lawyer Paul Keating of Law.es, that Target Brands does not have exclusive rights to the dictionary word.

“According to the Respondent, the <targetapplication.com> domain name is an intended combination of the terms “target” and “application,” which, in the employment industry, refer to an application which is aimed at a specific job or employer. Respondent’s addition of the term “application” to Complainant’s TARGET mark renders an entirely different appearance and meaning.”

Hence, the panelist found the following:

“The Complainant’s trademark does not cover employment agency or similar consultancy services. In fact, all three cited Community Trademark registrations for TARGET especially and clearly are registered with official limitations, noting that “none of the aforesaid services being market research services, and/or employment agency or personnel management consultancy services” (CTM No. 1,771,229); “none of the aforesaid services being employment agency or personnel management consultancy services” (CTM No. 1,771,237); and “none of the aforesaid services being market research services” (CTM No. 2,733,228).”

It is important to note that the domain has been parked at Fabulous.com and not actively used in conjunction with any service. Since there was no proof of using the domain in “bad faith”, the transfer to the Complainant was denied.

 

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