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.They filed a complaint with the WIPO Arbitration and Mediation Center,requesting the disputed domain name,marlboro4sale.net,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.
"Respondent is using Respondent’s website to misdirect Internet users and confuse them regarding the official source of MARLBORO products. To offer Complainant’s goods for sale in connection with the disputed domain name falsely suggests an affiliation with, endorsement by, or permission from, Complainant."
"Respondent’s registration and use of the domain name creates initial interest confusion, which occurs when Internet users are attracted to the Respondent’s website because of Respondent’s use of Complainant’s mark in the domain name."
Therefore,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 the disputed domain name,marlboro4sale.net,to be transferred from the respondent to the complainant.
You can read the decision here .
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