Home / Blogs

Gillette.ro WIPO Decision Provides Interesting Comments

Michele Neylon

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. More blog posts from Michele Neylon can also be read here.

Related topics: Cybersquatting, Domain Names, Law

 
   

Don't miss a thing – get the Weekly Wrap delivered to your inbox.

Comments

To post comments, please login or create an account.

Related Blogs

Related News

Explore Topics

Dig Deeper

Cybersecurity

Sponsored by Verisign

DNS Security

Sponsored by Afilias

Mobile Internet

Sponsored by Afilias Mobile & Web Services

IP Addressing

Sponsored by Avenue4 LLC

Promoted Posts

Buying or Selling IPv4 Addresses?

Watch this video to discover how ACCELR/8, a transformative trading platform developed by industry veterans Marc Lindsey and Janine Goodman, enables organizations to buy or sell IPv4 blocks as small as /20s. more»

Industry Updates – Sponsored Posts

Radix's .TECH, .STORE, .ONLINE and .FUN Get Approval from the Chinese Government

Join Neustar's Town Hall Meeting and Help Shape the Future Of .US

Domain Registrations Reach 331.9 Million, 6.7 Million Growth Year over Year

.brands Spotlight: Banking and Finance Industries

Google Buys Business.Site Domain for 'Google My Business'

Radix Announces Global Web Design Contest, F3.space

Global Domain Name Registrations Reach 330.6 Million, 1.3 Million Growth in First Quarter of 2017

.TECH Gets Its Big Hollywood Break

Why the Record Number of Reverse Domain Name Hijacking UDRP Filings in 2016?

UDRP: Better Late than Never - ICA Applauds WIPO for Removing Misguided 'Retroactive Bad Faith'

The Rise and Fall of the UDRP Theory of 'Retroactive Bad Faith'

.PRESS Supports Press Freedom Day for 3rd Consecutive Year

5 Afilias Top Level Domains Now Licensed for Sale in China

Radix Announces Largest New gTLD Sale with Casino.Online

2016 Year in Review: The Trending Keywords in .COM and .NET Domain Registrations

Global Domain Name Registrations Reach 329.3 Million, 2.3 Million Growth in Last Quarter of 2016

A Look at How the New .SPACE TLD Has Performed Over the Past 2 Years

2016 U.S. Election: An Internet Forecast

MarkMonitor Supports Brand Holders' Efforts Regarding .Feedback Registry

8 Tips to Find Your Perfect .COM Domain Name