In an extremely short, lazy opinion, a one member UDRP panel rejected the claim of Alpitour S.p.A. of Torino, Italy who tried to grab the generic domain EasyBook.com, but failed to address the issue of Reverse Domain Name Hijacking.
Here are the relevant facts and findings:
The complainant owns an “Italian figurative EASY BOOK trademark, used in connection with travel services, registered in 1987″
“The disputed domain name was registered on November 6, 1996, and is used by Respondent in connection with a website on which electronic books are offered.
“The Panel notes that the disputed domain name is comprised of two dictionary words (“easy” and “book”) and that Respondent is using the disputed domain name to offer electronic books or e-books on the website linked to the disputed domain name. The website linked to the disputed domain name also contains a forum discussion page on which posts appear that predate the filing of the Complaint.”
“The use of a domain name that is linked to the generic or descriptive value of the domain name may be considered a fair and legitimate use. ”
“In the case at hand there is a clear link to the generic or descriptive value of the disputed domain name and the use made by Respondent of it. Respondent is offering books for sale and not services or products which are similar to Complainant’s trademark. ”
“There are no indications that Respondent is using the disputed domain name to trade on the goodwill that may be linked to Complainant’s trademark. Moreover, the evidence provided by Complainant that Respondent would be offering the disputed domain name for sale is not in itself, in the view of the Panel, conclusive.”
“Therefore, the Panel is of the opinion that Respondent has demonstrated a legitimate interest in the disputed domain name.”
“Because of the finding that Respondent has a legitimate interest in the disputed domain name, there is no need for the Panel to decide on the existence of bad faith registration and use of the disputed domain name, as all three elements must be proven to obtain an order to have the domain name cancelled or transferred.”
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