Weiteres positives WIPO Urteil zugunsten von Domainhändler

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WIPO Domain Name Decision: D2012-1578

Einige interessante Auszüge:

The Panel consequently finds that the Respondent has a genuine business as a domainer and takes note of the statement in the Response that the “Respondent targets only common dictionary words”. The Panel accepts the evidence from the Response that “buff” is a dictionary word with meaning as both a noun and verb in the English language.

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The Panel has already found that the Respondent has a legitimate business dealing in domain names. The Respondent states that it targets only words with common dictionary meanings and plainly “buff” is such a word. Whilst the Complainant states that:

… <buff.com> does not make sense per se except in relation to Original Buff, S.A. As a result of the foregoing, its registration by a third party cannot be for any reason other than to misappropriate the reputation built up through that sign by Original Buff, S.A. Hence, it is practically impossible to maintain that the Respondent’s choice of <buff com> is a pure coincidence and not intentional.

Clearly that argument is untenable and does not show that the Respondent has set out to target the Complainant.

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In this case the Panel would employ that distinction to find that the Respondent has a prima facie right to the disputed domain name because it is composed of a dictionary word and, prima facie, a legitimate interest in the disputed domain name by reason of its business