Gillette.ro WIPO Decision Provides Interesting Comments

Home / Blogs

Gillette.ro WIPO Decision Provides Interesting Comments

	By Michele Neylon MD of Blacknight Solutions
	May 19, 2009 Views: 9,882 Add Comment

One of the WIPO decisions published today relates to gillette.ro.

The registrant (respondent) didn’t make any submissions in their defence, so the decision could have been quite banal.

However some of the panelist’s comments under the “Registered and Used in Bad Faith” section are quite interesting under:

The Panel disagrees with the Complainant’s submission that the only conclusion that can be drawn from the registration of a domain name consisting of a well-known trade mark such as the Complainant’s GILLETTE trade mark and the history of the Respondent’s similar conduct in respect of other well-known trade marks is that the Respondent registered the Domain Name in the hope of obtaining financial compensation from the rightful trade mark owner.

It appears to the Panel that while this is definitely a possibility, such an intention cannot simply be assumed in the circumstances as the Complainant has not adduced any evidence as to the Respondent’s offer for sale or other attempt at reaping financial benefits through registration of the Domain Name. The Panel notes that the Domain Name is not in use, and does not resolve to any page which would suggest that the Domain Name is for sale.

Put in simpler English. You can’t just make assumptions. You need to provide evidence.

Ultimately the case was won by Gillette, but the “assumptions without evidence” are an interesting sidenote.

By Michele Neylon, MD of Blacknight Solutions

Filed Under

Comments

The Weekly Wrap

More and more professionals are choosing to publish critical posts on CircleID from all corners of the Internet industry. If you find it hard to keep up daily, consider subscribing to our weekly digest. We will provide you a convenient summary report once a week sent directly to your inbox. It's a quick and easy read.

I make a point of reading CircleID. There is no getting around the utility of knowing what thoughtful people are thinking and saying about our industry.

VINTON CERF
Co-designer of the TCP/IP Protocols & the Architecture of the Internet