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WIZZ Air Hungary Airlines wins domain name case

WIZZ Air Hungary Airlines filed a complaint with the the WIPO Arbitration and Mediation Center,requesting the domain name wizzairsucks.com to be transferred from the respondent to the complainant.

The complainant is the owner of two registered trademark : "Wizzair" and "Wizz" .Therefore,they contended in the complaint that the respondent registered a domain name confusingly similar to its trademark.
Moreover,it's obvious that the respondent used a negative term , "sucks" , to criticise the complainant .
Wizz Air also accused the respondent that he registered and used the disputed domain name in bad faith .
"The disputed domain name has been registered to disrupt the Complainant’s online presence, tarnish its trade marks and infringe its reputation. The Complainant promotes and sells its services mostly via the Internet. Approximately 85 % of the Complainant’s ticket purchases are transacted through online bookings. As a consequence, the disputed domain name is especially harmful to the Complainant’s rights and interests."
"The fact that the disputed domain name contains a well-known Trade Mark together with the word “sucks” also supports the argument of bad faith registration as the word “sucks” only has a negative, pejorative meaning."
Because the complainant managed to demonstrate all the elements required ,the Panel decided the disputed domain name to be transferred from the respondent to the complainant .

Check out the case here : http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-1105.html

 

 

 
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