14 Sep Interesting ruling about a domain dispute case W.I.P.O. (World Intellectual Property Organization)
The Complaint was filed with the WIPO Arbitration and Mediation Center.
The Complainant is the owner of numerous trademarks in Spain and the European Community which have “Gestamp” as their principal element (the “GESTAMP Mark”). In addition, the Complainant has registered many domain names again using “Gestamp” as their common element.
The Complainant contends that it has enforceable rights in the GESTAMP Mark and that the Disputed Domain Name is confusingly similar to the GESTAMP Mark. The Complainant contends that the Disputed Domain Name incorporates the entirety of the GESTAMP Mark with the addition of “-e” which is non-distinctive.
The incorporation of a trademark in its entirety is generally sufficient to establish that a domain name is identical or confusingly similar to the complainant’s registered mark.
The Complainant contends that the Respondent registered and is using the Disputed Domain Name in bad faith.
The Panel orders that the domain name be transferred to the Complainant.
see WIPO’s ruling