The phenomenon of domain grabbing - the registering of,
trafficking in, or use of a domain name in bad faith with intent to
profit from a trade mark belonging to another - has resulted in a
solid bank of case law and the development of various procedures
and mechanisms, whereby trade mark owners can seek to protect and
enforce their IP rights.
The recent case regarding the domain name
"fcbarcelona.soccer" is a perfect example of how the use
of well-known trade marks in domain names by parties other than the
trade mark owner, is assessed.
In that case, the WIPO (World Intellectual Property
Organisation) Arbitration and Mediation Center, with whom the
Complaint was filed, decided that the disputed domain name
"fcbarcelona.soccer" had to be transferred to the famous
soccer club, because the domain name was registered and being used
by the registrant in bad faith. In support of its Complaint, the
soccer club submitted details of its substantial portfolio of
registered