Disney Enterprises,the largest media and entertainment conglomerate in the world has recently won another domain name case.
The company,represented by J. Andrew Coombs,submitted a complaint to the National Arbitration Forum,requesting the domain name lejournaldemickey.com to be transferred from the respondent to the complainant.
Disney Enterprises is the owner of the "Le Journal de Mickey" mark,registered with the National Institute of Industrial Property.Therefore,the company contended the domain name is confusingly similar to its trademark.
Moreover,they contended that the respondent ,Richard J. registered and used the domain name in bad faith.
"Since Respondent registered the <lejournaldemickey.com> domain name on October 27, 2004, the disputed domain name has resolved to a website featuring hyperlinks to competing third-party websites. The Panel finds that Respondent’s use of the disputed domain name disrupts Complainant’s business. The Panel further finds that such a disruption constitutes bad faith registration and use ."
"The Panel further finds that Respondent is commercially gaining from this likelihood of confusion through its presumed receipt of click-through fees, which constitutes bad faith registration and use."
Because the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements needed,the Panel decided the disputed domain name to be transferred from the respondent to the complainant.
You can see the decision here .
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