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Roland Mouret wins domain name case

Roland Mouret,a French fashion designer,has recently won a domain name dispute.

The fashion designer,represented in this case by Field Fisher Waterhouse submitted a complaint with the WIPO Arbitration and Mediation Center,requesting the domain name rolandmouret.com to be transferred from the respondent to the complainant.
Because he is a well known designer,he managed to establish unregistered trademark rights in his name .Therefore,he contended in the complainant that the disputed domain name is identical to its name.
Moreover,he contended that the respondent,Digi Real Estate Foundation,registered and used the domain name in bad faith.
"Respondent has registered the Domain Name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that Respondent has engaged in a pattern of such conduct."
..."by using the Domain Name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website or other on-line location, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location."
Because the respondent failed to submit a response in this proceeding and because Roland Mouret managed to demonstrate all the elements needed,the Panel decided the dispute domain name to be transferred from the respondent to the complainant.

You can see the decision here .



 
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