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ARTICLE · 14 AUGUST 2008

Retailers Beware – Recent Losses In Domain Name Decisions

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Retailers and brands in the retail sector have recently been hit with a string of losses under the Uniform Domain Name Dispute Resolution Procedure ("UDRP").

United KingdomIntellectual Property
Ravi Mohindra
Ravi Mohindra

Retailers and brands in the retail sector have recently been hit with a string of losses under the Uniform Domain Name Dispute Resolution Procedure ("UDRP"), which was designed to offer brand owners a quick and relatively inexpensive way of resolving domain name disputes.

In the www.raleighbikes.com case1, Swissbikes Vertriebs GmbH (the owner of the "RALEIGH" trade marks for bicycles) was unsuccessful in having the name transferred to it, as although the domain name was held to be confusingly similar to the RALEIGH trade marks, the owner of the name was using it for a non-commercial forum site for fans of Raleigh bikes and therefore there was no proof that the name was registered or was being used in bad faith.

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