Lakes Gas Co. v. Domain Administrator, DomainMarket.com, D2019-0830 (WIPO June 21, 2019) (<lakesgas.com>)
Not an outlier decision. Usual or common combinations of words goes to first to register versus the unusual combination with established market associations does not. “[T]he Panel does not disagree [‘lakes’ and ‘gas’] are both generic words. But this specific combination of words together has no real descriptive or generic meaning, and really only has meaning in the context of Complainant’s trademark.” The Panel concludes that “n order to find rights or legitimate interests in a domain name based on its dictionary meaning, the domain name should be genuinely used, or at least demonstrably intended for such use, in connection with the relied-upon dictionary meaning and not to trade off third-party trademark rights.”)
Wickes Limited v. Privacy.co.com, Inc, D2018-0962 (WIPO June 21, 2019) (<wickes.com>)
When long-registered domain names are forfeited, particularly where the parties reside on different continents or in different regions, and regardless whether the domain names are identical or confusingly similar to marks or respondents default, it has to be asked what the evidence is for awarding them to complainants? The decision in this case falls substantially short of explaining the evidence for transferring a 24 year-old domain name registered by a U.S. resident to a UK business. See below Brooksburnett Investments Ltd. v. Domain Admin / Schmitt Sebastien, D2019-0455 (WIPO April 16, 2019) (<incanto.com>. 16 years, complaint denied)
Gas Monkey Holdings, LLC v. Tony Anastasia, FA1905001844555 (Forum June 12, 2019) (GAS MONKEY GARAGE and <fartmonkeygarage.com>. Complaint denied)
Right decision for the wrong reason. The domain name is certainly confusingly similar to the mark (although the Panel finds it is not!) but it would have been premature to find bad faith. In a humorous way, the domain name does suggest Respondent is ribbing Complainant but there is no concrete evidence of that. In the Panel’s humorless assessment “fart” and “gas” refer to different experiences; she rejects the words refer to flatulence. However, there’s clearly more going on here than the Panel’s exposition of “fart” and “gas.”
Read MoreAutoZone Parts, Inc. v. Li Wenhan, FA1904001840813 (Forum June 12, 2019) (<zone-auto.com)
Tarnishment: Respondent uses the domain name to display pornographic images and other sexually explicit content. See H-D U.S.A., LLC v. Nobuyoshi Tanaka / Personal, FA1312001534740 (Forum January 31, 2014): “Therefore, the Panel concludes that Respondent is acting in bad faith because Respondent is using the … domain name to tarnish Complainant’s … mark, as the Panel also finds that the content displayed on the resolving website constitutes adult-oriented content.”
