Take-Two Interactive Software, Inc. the maker of Grand Theft Auto just lost a UDRP on the domain, gta.tv.
The disputed domain name was registered on March 19, 2010.
The Respondent also owns some domain names since 2009, particularly the following: DOMAIN NAME gtanews.com and gta411.com
The Complainant argues the following that, since 1998, the Complainant has been using the trademarks GRAND THEFT AUTO and GTA extensively around the world on television, Internet, magazines and various media.
That to date, over 125 million units of the games released in the GTA series have been sold and therefore the trademarks GRAND THEFT AUTO and GTA are strong trademarks worthy of the broadest scope of protection.
That the referred trademarks are widely recognized throughout the US and the world, by millions of fans and consumers alike as being associated with the Complainant.
The Complainant has filed intent to use applications with the USPTO for the trademark GTA TV.
That the Respondent is a domain name speculator, because in addition to owning the disputed domain name, the Respondent has registered other domains that likely infringe the rights of third parties, such as facialbook.com, citilinktravels.com, canadaairtravel.ca and saveon.org.
The disputed domain name is inactive.
It does not presently resolve to any active website. Therefore, there cannot be any use of the disputed domain name, or any bona fide offering of goods or services on the side of the Respondent.
There is no indication in the evidence to conclude that the Respondent has been commonly known by the disputed domain name.
The Respondent owns two similar domain names: and . They were both registered in 2004. Both domain names are active, and provide information regarding the Greater Toronto Area. The Respondent has its domicile in said area. The Panel considers that these domain names are related to , even if the latter is inactive.
The rationale of the Policy is to remedy clear cases of abusive domain name registrations. In order to maintain a balance in the system, UDRP panels are required to analyze whether the domain name owner has any rights or legitimate interests to said domain name, given the specific and very narrow nature of the Policy, and the problem it deals with. In the presence of rights or legitimate interests on the side of the Respondent, the controversy exceeds the scope of, and remedies available under the Policy.
In this case, the Respondent has demonstrated to the satisfaction of the Panel that the term GTA is used as a term related to a geographical location referring to the Greater Toronto Area, and that the inhabitants of said area use this term commonly.…
