The disputed domain, electronicfrontier.org, included the most “distinctive elements” from the EFF trademark and resolved to a “nearly identical and complete version” of its website, the EFF said.
Sole panellist Andrew Lothian found that the domain was confusingly similar to the EFF’s trademark, merely leaving out the “foundation” portion.
Lothian discovered evidence of a bad-faith registration from the original registrant. Specifically, the intent to impersonate the EFF demonstrates that the registrant knew of the EFF’s trademarks and deliberately sought to create an identical website to “deceive or, at minimum, act in bad faith with the intent for commercial gain”.
As the EFF had not authorised the use of its visage or name in any way, Lothian ordered the domain be transferred to the EFF.