Goldmansex loses NAF despite trademark! Changing name to Goldmensex.com

[maartenbuuron]

Goldmansex lost its NAF ruling dispute against Goldman Sachs. According to their website this is very strange since Goldmansex owns a valid trademark in the domain name at issue. According to the NAF regulations a claim should be denied when a respondent can show proof of a valid trademark.

 

[DNQuest.com]

I would not really consider the Benelux Trademarks Office a real TM as the panel did not. People only register there to defraud the domain registry (IE- the .info landrush)

 

[maartenbuuron]

I disagree. The existence of the valid trademark is proof of having right in the domain name.

 

[DNQuest.com]

Am I to assume you are somehow associated with this case?

The one thing that sticks out is owner of the domain listed was "NA", then respondant says they do business under "Goldman Advertising Services BV". 1 - Why wasn't the name on hte filing? I am assuming there was no name. 2 - I did a search on the company and nothing came up. The only Goldman Advertising I saw was the one in New York, NY. So was the name added after it the UDRP was filed?

I tried search the TM on the Benelux site and cuold not find a link. It is interesting that the site is in English, but to do anyhting, it is in French and Dutch only.

 

[dtobias]

I notice they haven't actually updated their logo in the site, which still shows the old domain (which they soon won't even own).

 

[labrocca]

After reading up a bit on this..I gotta say I agree with OP here. The domain wasn't being used in any conflicting way with the goldman sachs TM's that I can see. They also had a registered TM and while you may think it's illegitimate...the respondants have a point that it's a judicial matter to be decided on TM law.

 

[maartenbuuron]

I still find is strange that a company can loose its domain name, even when they are in a complete different line of business, with no reference to the famous brand and with a registered trademark.

 

[DNQuest.com]

But take into account the sector and the phonetics of the name, though a different spelling, they sound very similar when said out loud. You have to admit that. Refer to the case of mikerowesoft.com. So there is a precedence.

 

[maartenbuuron]

Mikerowesoft never made it to a NAF decision and he did not have a trademark in the name. I agree that in a normal court Goldmansex would probably lose this case, but NAF has very strict regulations where a trademark proofs rights in the domain name and the claim should be denied.

The NAF set clear criteria that have to be proofed before they can decide to transfer the domain name.

 

[labrocca]

But take into account the sector and the phonetics of the name, though a different spelling, they sound very similar when said out loud. You have to admit that. Refer to the case of mikerowesoft.com. So there is a precedence.

MikeRoweSoft was in direct competition with MS whereas goldmansex isn't. You have to admit that the usage does matter..I know you believe in that. I think they should have allowed goldman sachs to take this to court because it's not something I think they should have ruled on.

 

[DNQuest.com]

While it is true usgeage plays a part, it is the area of usage that may have been the problem (the sex industry). As I stated before, I don't believe the respondant gave the best defense on this case and should have done better.

As far as mikeroewsoft, it was clear the kid was going to get crushed. It was the publicity that made MS settle. They looked pretty bad.

 

[maartenbuuron]

.

 

[Raider]

My question is, where does the owner go from here, is the Domain name currently frozen? or has it been released to Goldmansachs? If not, can the owner proceed in civil court or appeal the ruling?

 

[Bookworm SEO]

Why does the NAF decide these issues? Why not go to the real courts?

 

[DNQuest.com]

Cause that is what the TM holder wanted to do....

Why does the NAF decide these issues? Why not go to the real courts?

 

[Dave Zan]

My question is, where does the owner go from here, is the Domain name currently frozen? or has it been released to Goldmansachs? If not, can the owner proceed in civil court or appeal the ruling?

The registrar keeps the domain name locked pending notice of resolution from
the UDRP or Court. If the registrar receives notice of the result, they'll unlock
the name and take it from there based on the notice.

The UDRP is a more convenient means to an end. But either party can take it
to Court as the next step if either one chooses to.