[ga] AOL loses UDRP case

[Marc Schneiders <marc@venster.nl>]

AOL lost a recent UDRP case, decided by a WIPO panel, for the domain
digitalcitymap.com. AOL is the owner of the portal site
digitalcity.com.

The sole panelist, Dan Hunter, concluded that the names

digitalcity.com

and 

digitalcitymap.com 

are not identical or confusingly similar. He states in the
decision, why it would be unacceptable in many cases to find names
with a word added (a "suffix") to fall under the UDRP-rules. In his
words:

"The effect of strictly adopting the principle from the suffix cases
would be to stop any other registrations of domain names which add a
suffix to registered marks that are quite generic.  It would provide
the unfortunate result that the Complainant would essentially be given
a monopoly on domain names that add words to the expression "digital
city".  As a matter of policy, this is undesirable and
unacceptable.  The scope of the concept of "confusing similarity" must
take account of policies such as this.  I decline therefore to adopt
the broadest interpretation of the principle from the suffix cases,
and instead conclude here that consumers are not likely to be confused
where:

(1)	A domain name comprises a mark and a suffix
(2)	Where that mark is essentially generic within the online world and
has not acquired such distinctiveness as to merit broader protection,
and
(3)	Where the suffix (or the domain name as a whole) does not relate
specifically to the business of the Complainant."


Quite sensible in my view. Congratulations to the owner of
digitalcitymap.com, who wrote his own response.

-- 
Marc Schneiders
_________________________________________
http://DW.GOODFAITH.ORG:    Have faith!
But let it be good, or you may be next...
_________________________________________ 







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