National Arbitration Forum
Domain-Disputes.com
 Welcome to Domain-Disputes.com, a complimentary news website of the National Arbitration Forum
Domain-Disputes.com provides information regarding recent decisions, procedural updates as well as current domain arbitration industry news and events.
The National Arbitration Forum is one of the world's largest neutral administrators of arbitration services and one of four ICANN-approved providers. We invite you to visit the National Arbitration Forum website for more information.
Let the National Arbitration Forum know of your upcoming events for listing in Domain-Disputes.com. Send event listing information, with "DOMAIN NEWS EVENTS" in the subject header, to: domain-news@domain-disputes.com.
Events
May 14-16, 2008
AIPLA Spring Meeting Houston, TX, USA
May 17-21, 2008
INTA Annual Meeting
Berlin, Germany
May 20-24, 2008
T.R.A.F.F.I.C. East
Orlando, FL
|
Domain Dispute Quick Tips:
You can file a domain name dispute resolution claim online.
Questions regarding domain name dispute resolution or e-commerce arbitration may be directed to info@domain-disputes.com.
The information found in this website is designed to provide accurate and authoritative information regarding the subject covered, but is not intended as legal advice. |
Recent Domain Name Dispute Resolution Decisions:
Google Inc. v. David Miller
Complainant, Google Inc., brought a claim against Respondent, David Miller, disputing Respondent’s ownership of the <youtubex.com> domain name. YouTube, owned by Complainant, provides online video services through a website where users can download and share original videos. Respondent’s website at the <youtubex.com> domain name allowed Internet users to download videos from the YouTube service for personal use, which Complainant asserted was in direct violation of YouTube’s terms of use. Respondent argued that the website included a prominent disclaimer disassociating it from Complainant, and that its services work not in competition, but in conjunction, with Complainant’s services. Pursuant to Policy ¶ 4(a)(i), the Panel found that Complainant had established rights in the YOUTUBE mark through registration and continuous use of the mark, and that the <youtubex.com> domain name was identical to the YOUTUBE mark. The Panel next found that Respondent failed to establish rights or legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), because Respondent’s use of the <youtubex.com> domain name to redirect Internet users to its commercial website did not constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use. Finally, the Panel found that Respondent was attempting to attract, for commercial gain, Internet users who would be confused as to Complainant’s affiliation with the <youtubex.com> domain name and Respondent’s corresponding website. The Panel was of the view that this indicated Respondent’s bad faith registration and use pursuant to Policy ¶ 4(b)(iv). The Panel further concluded that inclusion of a disclaimer did not mitigate bad faith registration and use by Respondent under Policy ¶ 4(a)(iii). Thus, the Panel ordered that the <youtubex.com> domain name be transferred from Respondent to Complainant. Google Inc. v. Miller, FA 1067791 (Nat. Arb. Forum Oct. 24, 2007). Decision
|
|
