Dynadot

UDRP “CONFUSINGLY SIMILAR” CONDITION IN A UDRP AND CONVENIENCE OF OUTBOUND MARKETING

Spaceship Spaceship
Watch

A23182

New Member
Impact
0
After reading plenty of UDRP resolutions I still harbor doubts regarding the convenience of doing outbound marketing in the following cases:

  • 1. When the domain word is a dictionary word and the TM includes this dictionary word plus other words, numbers, etc. e.g. furniture.com to a business with a “John Furniture” TM. There´re plenty of examples of UDRP related to domains that include the TM in full plus other words, but I couldn´t find examples of the opposite case.
  • 2. When the domain word is a name or a surname and you outbound to someone with that name or surname. e.g. John.com to someone called John Smith. Does anyone have common law rights on his own complete name, regardless of the use or fame of the name?
  • 3. When the domain is an exact translation of the TM. e.g. mobilier.com to the owner of the domain furniture.com and a “Furniture” TM.

Would the domain and the TM be considered confusingly similar in these cases? It looks like the bar is quite low to consider the domain name and the TM “confusingly similar”, and if you outbound the UDRP conditions 2 and 3 are against you. I am a beginner and I´d welcome any advice! Thanks.
 
0
•••
The views expressed on this page by users and staff are their own, not those of NamePros.
  • The sidebar remains visible by scrolling at a speed relative to the page’s height.
Back