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Don't these WIPO decisions conflict?

"Buy" is good, "Loans" are not.

         

fischermx

11:41 pm on Apr 7, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Hi,

I recently found a case when Porsche demanded someone for using their trademark. It seemes that Porsche just don't like any use of their trademark since they seem to sue anybody.
However, I found another case, when they lost and could not get the domains.
Here is a case, where a guy using porschelease.com, porscheloan.com, porscheloans.com was obligated to transfer the domains to Porsche :
[arbiter.wipo.int...]

Another case, where the owner has these names : porsche-buy.com, porschebuy.com, however this case could not be win by porsche!
[arbiter.wipo.int...]

I don't see big difference in both cases, so, could anybody explain why exactly the first case was "bad" and the second was not?

tedster

2:09 am on Apr 8, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I think it's a question of how the domains were actually used, not the specific words.

In the "loan" case the WIPO found the domains were used in bad faith:

The 3 domain names in issue use the Porsche trademark
to attract potential customers to the GENERIC loan business

In the "buy" case, the WIPO found that the domain names were fair use:

Respondent is using the websites under the Domain Names as a
market place for used PORSCHE cars only. No other brands are offered

fischermx

4:54 am on Apr 8, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



ooooh! :)
Good catch!

I later found that it also could help the "porschebuy" domain, that he always had a disclaimer to clarify the no association with the original Porsche company. While the other guy had the domain forwarding traffic to Yahoo autos.