06-08-2005, 12:02 AM
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#1 (permalink)
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| 888-MRDELETED
Name: Joseph Slabaugh Last Online: 05-01-2009 05:58 PM Join Date: Jul 2004
Posts: 2,947
DNF$: 124 Location: youtube.com/mrdeleted
Country: 
| wamart.com WIPO
Quote:
Complainant contends the following:
- The second level domain name <wamart.com> is confusingly similar to Complainant’s mark; WAL-MART is a famous mark, which enhances the likelihood of confusion. The domain name is only one letter apart for the mark. By using this mark Complainant engages in intensive advertising of its services and merchandise.
- Respondent lacks rights or legitimate interests in the domain name. Respondent was not authorized by Complainant to use the domain name, which is likely to be confused with Complainant’s mark. Respondent has no rights in “wamart” or in “WAL-MART” in any country.
- The domain name <wamart.com> was registered in bad faith, because Respondent had knowledge that the Complainant held rights in and to its mark WAL-MART. Respondent is clearly partaking in typosquatting. Respondent registered the domain name and used it to list links to companies that offer goods and services competitive to those offered by Complainant. For example, the “furniture” link leads to a link farm page with links to other furniture retailers. By registering <wamart.com> Respondent was deliberately trying to capture web traffic intended for “www.walmart.com”. Furthermore Respondent has enrolled as an affiliate with a company, DomainSponsor, that pays money to websites that direct traffic to other websites. Services such as DomainSponsor are creating incentives for an increase in cybersquatting, by making it simple and profitable. The domain name was acquired in bad faith with the purpose of diverting Complainant’s customers to Respondent’s site. Respondent’s use of the domain name tarnishes Complainant’s mark.
| http://arbiter.wipo.int/domains/deci...2005-0322.html |
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