A WIPO panel has rejected the Legal Rights Objection filed by DotMusic Limited/Constantinos Roussos against Google’s application for the new gTLD .Music
This was the first decision handed down on objections to the .Music gTLD for which DotMusic filed objections to all other 7 applicants.
DotMusic Limited Legal Rights Objections to the applications of .tunes and .song has already been rejected but in both opinion the WIPO panel made it clear that they those decisions were not necessarily applicable to the .Music objection.
Here are the relevant parts of the decision:
The following trademarks are relevant to the determination of this Legal Rights Objection (referred to in this determination as “LRO Trademarks”):
(i) Community Trademark registration No 008139792 registered November 3, 2009 in classes 35, 42 and 45 for design mark consisting of a green dot and the word ‘music’ including the stylized letter ‘s’ in the form of a reversed treble clef within a star, as follows:
(ii) Community Trademark registration No 008139834 registered November 11, 2009 in classes 35, 42 and 45 for design mark consisting of the word ‘dotmusic’ comprising a green dot and the word ‘Music’ including the stylized letter ‘s’ in the form of a reversed treble clef within a star, as follows:
(iii) Community Trademark registration No 010535375 registered June 22, 2012 in classes 35, 42 and 45 for a design mark consisting of a dot and the word ‘SONG’ in yellow, preceded by a graphic, as follows:
(iv) Community Trademark registration No 010535409 registered June 25, 2012 in classes 35, 42 and 45 for a design mark consisting of a dot and the word ‘TUNES’ in green, preceded by a graphic, as follows:
(v) Community Trademark registration No 010544377 registered August 3, 2012 in classes 35, 42 and 45 for a design mark consisting of a dot and the word ‘ARTIST’ preceded by a multicoloured graphic of an artist’s palette, as follows:
These trademarks are all registered in the name of Constantinos Roussos of Limassol, Cyprus.
The Objector also relies on various ‘.music’, ‘music’ and ‘dotmusic’ themed domain names, referring in its Objection to “www.music.us”, “www.music.fm”, “www.music.pro”, “www.music.mobi”, “www.music.mu”, “www.music.co”, and “www.music.biz”. The Panel entered the websites at these addresses on
July 24, 2013. The website at “www.music.us” prominently displayed the CTM No 008139792 together with the slogan “Not just a great sounding web address Its your home: yourname.music”.…
