Abercrombie Parody Site Wins Domain Dispute

[RJ]

ZOMBIE PARODY DEFENCE WINS DISPUTE

13th June, 2003

Clothing retailer Abercrombie & Fitch have lost a domain dispute relating to "aberzombie.com" - a web site which parodies their clothing range and sells "Aberzombie" tee-shirts which according to the complaint "mocked and disparaged the Complainants' trademark and...merchandise".

...

In coming to his decision the Panellist noted the decision in Telstra Corporation Limited [email protected]:

"In determining confusing similarity between a domain name that incorporates several terms or trademarks, a mere visual comparison is a simplistic test. The touchstone in determining confusing similarity is whether the combination of terms used in a domain name has the potential to mislead unsuspecting users."

parody web site

In this case the writing, pictures and style of the parody web site would clearly leave Internet users in no doubt that the site under dispute was a parody and not related to the Complainant. The Panellist noted:

"However, while it is true that aberzombie is phonetically and visually similar to the Complainants' Abercrombie, there is a vast difference in meaning. Abercrombie (as is Fitch) is a surname used as a trademark. But as the Respondent argues, the word "zombie" is a distinct English word meaning, among other things, a corpse or creature that is under the control of some kind of force or spell.

"Although "zombie" preceded by "aber" might call to mind the Complainants' marks, especially in the context of the Respondent's business of selling t-shirts, the Panel finds that the public would not confuse the Respondent for the Complainants, and thus Abercrombie and Aberzombie are not confusingly similar."

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Again a decision under the UDRP has shown that victory in domain disputes is not guaranteed simply because the Complainant has a number of trademarks, or even that the domain is similar to their trading name. Domain arbitration, such as that provided by the UDRP, will take account of the content of associated web sites and will allow for a certain degree of parody or "free speech". Businesses considering instigating dispute procedures would therefore be advised to look before they leap and thoroughly investigate the facts before thinking success is guaranteed.

Links:

A & F Trademark, Inc. v. Chad Nestor

Abercrombie & Fitch - official site

Aberzombie.com - parody site

 

[kohashi]

good. one point for the little guys

 

[RJ]

I like their slogan "If you can't beat them, make fun of them. Nuff said. "

 

[DNQuest.com]

I actually owned 1800skymall when I first got into the website design/domain game and wanted to put up a parody site. That is actaully true, I got a C+D adn corresponded with them for about 2 months. I gave up because it became a joke and I made fun of thier lawyers because they could not prove a thing (they were playing my lawyer can beat your lawyer). They finally gave me a couple bucks after I had decided to drop the name (but I didn't tell them that).

 

[Sol]

lol how cool