Philip Morris USA ,the United States tobacco division of Altria Group has recenlty won a domain name name dispute . The company was represented in the lawsuit by Arnold & Porter LLP.
Philip Morris filed a complaint with the WIPO Arbitration and Mediation Center,requesting the disputed domain name,marlboromarlboro.com,to be transferred from the respondent to the complainant.
Because Philip Morris USA brands include Marlboro and because the company is the registered proprietor of the word mark MARLBORO in the USA,they contended in the complaint that the domain name is confusingly similar to its trademark.
Moreover,they contended that the domain name was registered and used in bad faith.
"the disputed domain name lead Internet users to a website, which provided information and links to numerous on-line cigarette retailer websites and promoted the sale of cigarettes, some of which carried the MARLBORO mark. The Respondent’s use of the name “marlboro” to promote similar or identical goods to the good being sold by the Complainant clearly evidences that the Respondent registered the disputed domain name with knowledge of the Complainant and of the use the Complainant is making in the mark MARLBORO. The Respondent’s previous actions therefore constitute bad faith."
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 marlboromarlboro.com domain name be transferred from the respondent to the complainant.
You can read the decision here .
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