Geneva
07 December 2017
Reporter: Barney Dixon

Marlboro beats infringer in UDRP dispute


Marlboro has acquired seven infringing domain names in a dispute at the World Intellectual Property Organisation Arbitration and Mediation Centre.

The domains included freecouponmarlboro.com, marlboroprime.com, marlboro-house.com and marlborobkacj.com.

Marlboro claimed that all the domains were owned by the same person and share the same email address. It also alleged that the domains resolved to pay-per-click websites and used the Marlboro trademark, despite having no rights or legitimate interests in it.

Sole panellist Fabrizio Bedarida said: “The Marlboro trademark, due to its renown, is not one that traders could legitimately adopt for commercial use other than for the purpose of creating an impression of an association with [Marlboro].”

He added: “Based on the evidence put forward by [Marlboro], the panel is of the opinion that the respondent was aware of the [Marlboro’s] trademark registrations and rights to the Marlboro mark when it registered the disputed domain names.”

Bedarida concluded: “The panel finds that the respondent knew of [Marlboro’s] marks and intentionally intended to create an association with [Marlboro] and its areas of business at the time of registration of the disputed domain names.”

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