A few days ago we let you know that Twitter won the rights to the domain name Twitter.org by the World Intellectual Property Organization (WIPO)
The domain name was held under privacy at Moniker.com
The domain name has an original registration date of October 2005.
The domain name transferred to privacy into privacy in late 2011.
The decision has now been issued.
The case was a slam dunk with the domain holder failing to file an answer the panel found that the “domain name was registered well after the Complainant’s mark was in use. ”
“The Panel finds that the Respondent must have had notice of the Complainant’s mark and business when registering the disputed domain name.”
“The Panel finds that the incorporation of the mark in question in its entirety as part of the disputed domain name is an indication of bad faith under the circumstances.”
“The Panel also infers that that the Respondent’s registration and use of the disputed domain name was intended to disrupt the Complainant’s business, in particular by damaging the Complainant’s reputation, as a result of members of the public visiting the Respondent’s website thinking that it was related to the Complainant or its business, but running the risk of being infected by malware instead as asserted by the Complainant without rebuttal from the Respondent. ”
“The distribution of malware through a deceptive domain name is in this Panel’s view to be regarded as deceptive and malicious conduct sufficient to show that a domain name has been registered and is being used in bad faith”
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