วันอาทิตย์, กันยายน 14, 2008
E-Business: Domain Names - Bad Faith
Ian McMillan registered the Internet domain name TrivialPursuits.net and won the right to continue to use after a challenge from Horn Abbot, created by the board game, not to stop using the domain name. Manufacturers of persecution Trivia game has not been TrivialPursuits.net domain name of the person who said he had registered the name to deplore the loss of life on individual creativity. This decision has ido against the principle long established that when the mark is known , the Uniform Dispute Resolution Policy (UDRP) 1 part of the World Intellectual Property Organization (WIPO), will be able to make transfer of the name. But in this case, the group was clear about the intentions of the defendant and his motivation for domain name registration. The group does not believe there is sufficient evidence to support a request in bad faith activity on behalf of the defendant. Ian McMillan defendant informed WIPO expert who has bought the name with the intention of creating a website that works with 21 is the only trivial activities, namely the fact that most aspects of life now participation an object instead of individual creativity, sex to salvation by surgery and sweeteners. Currently, the site is only one page in length, and referred the matter to WIPO as a good example of quite unnecessary and completely Trivial Pursuit , adding that more content is added, but in the comfort of my laziness. There was little evidence of bad faith by finding the group, even if McMillan does not seem to have intended to use the Internet. Comment: In general, cases of cybersquatting is not the use of a character in the normal course of trade and more difficult to establish a violation of trademark or passed out, guiding principles is the approach recommended that the complaint because it is much cheaper, sometimes faster. For more information, please contact us. E-mail: enquiries@rtcoopers.com? RT Coopers, 2005. This note is not a declaration or the law on the issues discussed, nor does it constitute legal advice. It is only to highlight general issues. Legal advice of experts should always be considered in relation to specific circumstances. Rosanna Cooper is a partner of Coopers RT Solicitors. The company is a full service commercial law firm, which covers areas such as E-Business, education, commercial disputes, data protection, intellectual property rights, corporate finance and commercial contracts . Contact us enquiries@rtcoopers.com enquiries@rtcoopers.com. Visit our website at http: / / www.rtcoopers.com http://www.rtcoopers.com
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