The World Intellectual Property Organization, ruled yesterday that the domain name Narnia.mobi should be transferred to the trademark holder.
Domain name disputes focus partly on whether a “cybersquatter” is using the site for commercial gain and whether trademarks are involved. Mr Saville-Smith claimed yesterday that he had done nothing at all with the site and had not tried to make any money from it.
The also argued that the trademark holder had a right to claim the domain during the .mobi trademark period but did not.
As we discussed a few days ago in discussing the auction of trademark domains by the .me registry, the failure of a trademark holder to register its trademark during the trademark period does not allow anyone else from getting and using the domain.
Big waring to all those bidding on such domains as pepsi.me
Ken says
“The also argued that the trademark holder had a right to claim the domain during the .mobi trademark period but did not.”
A trademark owner does not forfeit any rights to their mark if they fail to register domains containing their mark during the “sunrise period” for a new extension.
Damir says
Some people think that they can strike it rich by registering so called trademarked domains – yeah right then again when it comes to trademarks worldwide – all of the words within the domain names online are trademarked so every domain name owner is a “cybersquatter”.
MHB says
Ken
Correct
That is the point I was making the other day regarding the .me domain auctions.
There are a ton of these obvious trademark infringing names currently at the .me auction
I had people arguing the other day that it was ok to get names like pepsi.me because they didn’t register it in the trademark period