An arbitrator with the WIPO Arbitration and Mediation Center ruled in favor of Domain Invest S.A.,after Quester Group accused the company of trademark violation for registering UltimateGuitars.com .
Quester Group filed a complaint with the WIPO Arbitration and Mediation Center ,accusing Domain Invest S.A. of trademark violation for registering UltimateGuitars.com,a domain name similar to Ultimate-Guitar.com,which is currently owned by Quester Group .
Quester Group contended that : "The disputed domain name is [yet again] virtually identical to the Complainant’s registered trademarks and registered domain names. The only difference is that the Respondent uses the plural of the Complainant’s marks.”
However,the three Panelists : John Swinson, Dinae Cabell, and Neil A. Smith ,ruled in favor of Domain Invest S.A. after they came to the conclusion that UltimateGuitars.com "domain name and its inherent value is directly related to its descriptive or generic nature and not to its similarity to a trademark or other third-party right.” Moreover,the panelist argued that the "Respondent is using the site as a directory for third-party-services which corresponds with his overall business model.”
The Panelists decided that Domain Invest is making a fair use of the disputed domain name without intent to misleadingly consumers .