WIPO panelist scolds Yoyo Email Ltd: Cannot build a business on the back of another’s rights!

The executive summary: A British company, Yoyo Email Ltd., has attempted to launch a business venture by registering almost 4,000 dot .Email domain names, matching brands, products and corporate names of famous companies.

By doing so, Yoyo Email Ltd. exclaims that it has legitimate rights, to provide certification of delivery and receipt of emails. They allege that expenses to the north of $100,000 dollars reflect the business model’s seriousness.

Naturally, the holders of trademarks strongly disagree with this blatant breach of fundamental rights to protect one’s marks.

Yoyo Email Ltd. has lost several UDRP cases at the WIPO, and we have covered several of them for your perusal.

This time around, in the case for the domain name Sanofi.Email, the sole panelist, Sandra A. Sellers, made a scolding statement during her decision on behalf of the Complainant, Sanofi corporation:

“Respondent argues that he is not using the disputed domain name in bad faith because he is establishing a legitimate business venture whose purpose is to certify delivery and receipt of emails. He criticizes previous panels that allegedly concluded that Respondent acted in bad faith. As set forth above, this Panel need not make a determination as to whether Respondent’s business purpose is bona fide. However, Respondent fails to recognize that though his concept for a business may be legitimate, he cannot build his business on the back of another’s rights. Such registration and use of this domain name and thousands of others which include other brands indicate bad faith as intended under the Policy. The way he explains his business, he would not have a business [with respect to confirming email to Sanofi] if he did not utilize the disputed domain name containing Complainant’s trademark. Whether or not his customers see the back-room features, he is exploiting Complainant’s mark for a commercial purpose. This also violates paragraph 4(b) of the Policy.”

Boom.

For the full text of this entertaining case, click here to visit WIPO.

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