01-18-2006, 09:07 AM
Quote:Interesting WIPO case (D2005-1085): Complainant (Saint-Exupery estate) owns Le Petit Prince in EU, US, and other countries. The translation of Le Petit Prince is The little prince. Respondent registered thelittleprince.com. Is such a domain name confusingly similar to the trademark? Yes said the panel:
full article: http://www.circleid.com/posts/domain_nam...anslation/
WIPO case (D2005-1085) decision:
Quote:5. Parties Contentions
A. Complainant
Complainant submits that (1) the domain nameis identical to the Complainants mark in which Complainant has rights; (2) Respondent has no rights or legitimate interests in respect of the domain name; (3) the domain name was registered and is being used in bad faith.
In reference to the element in paragraph 4(a)(i) of the Policy Complainant asserts that the domain nameis confusingly similar to the Complainants mark as The Little Prince is a literal translation of the mark Le Petit Prince.
In reference to the element in paragraph 4(a)(ii) of the Policy, Complainant argues that the Respondent is not a licensee of the Complainant, nor is the Respondent otherwise authorized by the Complainant to use the Complainants marks or to use the English title of Antoine de Saint Exupérys famous novel which is still protected by copyright law.
In reference to the element in paragraph 4(a)(iii) of the Policy, Complainant asserts that the title The Little Prince has been widely used throughout the world and is particularly well-known in the United States. Complainant therefore contends that Respondent was aware of or had constructive notice of the Respondents rights in the famous title The Little Prince at the time it registered the domain name.
Complainant concedes that Respondent has not used the domain name for an active website and argues that passive holding of a domain name equates with active use of a domain name...
full text of WIPO case (D2005-1085) decision: http://arbiter.wipo.int/domains/decision...-1085.html