TUESDAY, 02 APRIL 2013 05:10 DOMAIN NEWS
An arbitrator with the National Arbitration Forum has awarded the domain name Xbox-Gold.com to Microsoft.The company submitted a complaint to thw National Arbitration Forum on February 11,2013,asserting legal rights over the disputed domain name.
Microsoft owns many trademark registrations for the “XBox” mark,all over the world.Therefore,it was more than obvious that the disputed domain name is confusingly similar to its trademark .
Microsoft has also contended and managed to demonstrate that the respondent has no rights over the disputed domain name and that he registered and used the domain in bad faith :
“Respondent is also attempting to generate revenue by confusing Internet users into believing the website is sponsored or otherwise affiliated with Complainant so that he or she will be mistakenly motivated to navigate thereto. Once on the sham website the accidental visitor is now in a position to click on any one of the website’s several pay-per-click links. Respondent’s registration and use of the confusingly similar at-issue domain name to abet its deceptive scheme demonstrates bad faith .”
“Finally, prior to registering the at-issue domain name Respondent had actual knowledge of Complainant’s rights in the XBOX mark. Such prior knowledge is clear from the fact that the domain name combines the XBOX mark with the name of one of the levels of Complainant’s XBOX LIVE online services. Furthermore, numerous links on the website make explicit reference to the XBOX mark and/or the products sold under that trademark. ”
After Microsoft managed to established all three elements required under ICANN Policy,the Panel ordered the disputed domain name to be transferred from the respondent to the complainant .
You can read the decision here .