Disney Enterprises,the largest media and entertainment conglomerate in the world got a splt decision in a recent domain anme case.
Disney submitted a complaint to the National Arbitration Forum,requesting 41 domain names to be transferred from the respondent to the complainant.
The domain names at issue are "clubepnguin.com, babybambi.com, babyeintstein.com,carsthevideogames.com,cheetahagirls.com,cheetahgirlsmovie.com, cheetahgirlstwo.com,cheetergirls.com,cinderala.com,cinderalla3.com,cindrella3.com,clubpanguins.com,clubpeingiun.com, clubpengnin.com,clubpenguinpasswords.com,dianeymovieclub.com,diisneilatino.com,disnary.com,disnev.com, disneycakes.com,disneysanimalkingdom.com,epspn.com,haighscoolmusical.com,hannahmontanaconcerts.com, hannahmontanashop.com,hannahmontanamusicvideos.com,higeschoolmusical.com,highschoolmsical.com, highschoolmuical.com,highschoolmusicel.com,highshoolmusical.com,highskoolmusical.com,mundodedisny.com, musicahighschoolmusical.com,playhawsdisne.com,playhousdisne.com,playhousediisney.com, playhousedinseychannel.com, thatsoravan.com, thatssoravon.com .
Disney is the owner of the Bambi,Cars,Cinderella,Disney's Animal Kingdom,Hannah Montana,High School Musical and the Cheetah Girls marks,registered with the United States Patent and Trademark Office.
Therefore,the complainant contended in the complaint that the disputed domain names are confusingly similar to its trademark.
Moreover,they contended that the respondent,Kanter Associates SA registered and used the domain names in bad faith.
"Respondent is using the disputed domain names to resolve to websites that contain links for third-party websites, some of which directly compete with Complainant. The Panel finds that Respondent is using the disputed domain names, which are confusingly similar to Complainant’s marks, to divert Internet users to Complainant’s competitors and thereby disrupt Complainant’s business and that this constitutes bad faith registration and use."
On the other hand the respondent the respondent contended that the domain names were acquired in a large portfolio and that an agreement was signed in which the seller assured them that the domain names were not in violation of the intellectual property rights of any third party.
All in all the Panel decided that the domain name babyeintstein.com not to be transferred and the other 40 to be transferred from the respondent to the complainant.
You can see the decision here .
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