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Microsoft wins XBoxLiveRewards.com domain in arbitration

An arbitrator with the National Arbitration Forum has awarded the domain name XBoxLiveRewards.com to Microsoft.The company submitted a complaint to the National Arbitration Forum on June,27,2012,asserting legal rights over the disputed domain name .

Microsoft owns many trademark registrations for the "XBox" mark,all over the world.Therefore,it was more than obvious that the disputed domain name is confusingly similar to its trademark .

Microsoft has also contended and managed to demonstrate that the respondent has no rights over the disputed domain name and that he registered and used the domain in bad faith :

" Respondent attempted, for commercial gain, to attract Internet users to the domain name by creating a likelihood of confusion as to the source of the domain name.  The disputed domain name resolves to a website that operates a loyalty rewards program in competition with the one that Complainant offers. Respondent operates this rewards program to confuse Internet users and, presumably, to gain a monetary benefit"

"Respondent had actual knowledge of Complainant's rights in the XBOX LIVE mark when Respondent registered the disputed domain name. "

After Microsoft managed to established all three elements required under ICANN Policy,the Panel ordered the disputed domain name to be transferred from the respondent to the complainant .

You can read the decision here .

 

 

 

 

 

 
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