An arbitrator with the National Arbitration Forum has awarded the getpivotcom.com domain name to Microsoft.All started when Microsoft submited a complaint to the National Arbitration Forum,claiming rights to the disputed domain name.
Even though Microsoft has not yet received the trademark registration for the "Pivot" mark,the company has applied for it.Moreover,it seems that previous Panels have found that a trademark registration is not necessary to establish rights.
Therefore,Microsoft contended in the complaint that the disputed domain name is confusingly similar to its trademark.Moreover,they contended that the respondent registered and used the disputed domain name in bad faith.
"Respondent is using the disputed domain name to resolve to a website that appears to be identical to Complainant’s official <getpivot.com> website. However, when users click on the link titled “Technical discussion,” they are brought to a webpage displaying links to websites unrelated to Complainant. Respondent receives click-through fees from the businesses advertised on and linked to its website."
Because the complainant managed to demonstrate all the elements needed and because the respondent failed to submit a response in this proceeding,the Panel ordered the disputed domain name be transferred from the respondent to the complainant.
You can read the decision here .
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