Wednesday, March 04, 2009
JISC Legal's newsletter reports on a domain name dispute resolution:
I'm not at all sure that businesses ought to be registering "all relevant domains". In this case it is perfectly reasonable for business to register a name that reflects what they do, i.e. deal in spares for Volvo. By the same reasoning should Volvo register 'secondhandvolvos.org'.
Domain names are really like personalised car number plates: completely irrelevant. Search engines will find your business and customers are unlikely to be deceived by a URL.
The dispute resolution panel of the World Intellectual Property Organisation (WIPO) has concluded that a domain name, ‘volvospares.com’, can be retained by a seller because of a legitimate interest in its bona fide use and unlikely confusion with the official Volvo website. There was no requirement for the seller to be the trade mark holder, or have permission from the holder, to own a domain name related to the mark. This ruling serves as a reminder to institutions to ensure all relevant domain names are registered to prevent similar disputes arising.
I'm not at all sure that businesses ought to be registering "all relevant domains". In this case it is perfectly reasonable for business to register a name that reflects what they do, i.e. deal in spares for Volvo. By the same reasoning should Volvo register 'secondhandvolvos.org'.
Domain names are really like personalised car number plates: completely irrelevant. Search engines will find your business and customers are unlikely to be deceived by a URL.
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