Another Person's Trademark As A Domain Name: Can You Do That...?

You sell products of someone else's brand. You would like a web shop that is easy to find for customers interested in that brand. Therefore, you use a domain name that includes that brand. Is that allowed...? The plaintiff in the Elisabetta Franchi case is.

Betty Blue sells clothing under its registered trademark Elisabetta Franchi. The plaintiff sells Elisbetta Franchi clothing through its VLVT store and webshop www.elisabetta-franchi.nl, among others. In a domain name dispute, WIPO ruled that the domain name should be transferred to Betty Blue. However, that was not the end of it: the plaintiff commences legal proceedings and seeks a "declaratory judgment" that it is not infringing the Elisabetta Franchi trademarks by using the domain name.