Geneva
27 September 2017
Reporter: Barney Dixon

Amazon wins domain name dispute


The World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre has transferred four infringing domain names to Amazon.

The ecommerce giant’s case included the domains amazan.ir amazonn.ir and amzon.ir, which Amazon alleged were “confusingly similar” to its Amazon trademarks and filed in bad faith.

WIPO panellist Gabriela Kennedy said the infringing domains added “no distinctive element” and remained “visually and phonetically confusingly similar” to the Amazon trademarks.

Kennedy concluded that the respondent had no rights or legitimate interests when it came to the domains. The infringing domains resolved to websites featuring banners with other Amazon trademarks, such as Amazon Fashion, Prime Video and Fire TV.

She said: “The respondent is therefore clearly aware of [Amazon] and has been using the disputed domain names in the hope and expectation that confused internet users searching for [Amazon’s] website will be directed to the respondent’s website.”

“As such the respondent cannot claim any rights or legitimate interests in this disputed domain name.”

Kennedy explained that it constitutes “bad faith” and “typo-squatting”, in that the registrant had deliberately used a slight misspelling of Amazon’s trademark’s to attract users for commercial gain.

She also found that the registrant had registered other well-known trademarks, including alibabi.ir, facebooknews.ir and instagrams.net.

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