Cadbury Wins Domain Name Dispute

by Robin Pilgrim, LawAndTax-News.com, London

10 November 2005

UK-based confectionery manufacturer Cadbury Limited has emerged victorious in a domain name dispute with China's Asia Ventures, it was revealed this week.

Cadbury had taken issue with the latter firm's registration of the www.cadburyworld.com domain, and took the dispute before the World Intellectual Property Organisation's Arbitration and Mediation Center.

Cadbury argued that the registration was made in bad faith as it has no connection with Asia Ventures. It additionally stated that the domain name is identical to the Cadbury trademark, is connected to a website "which is essentially a general directory site" and is therefore "not a bona fide offering of goods and services because it depends for its success on internet users being deceived".

Asia Ventures reportedly made no response to Cadbury's assertions.

In a statement issued by the WIPO panel examining the case, it was announced that in light of the arguments put forward by Cadbury:

"The Panel decides that (a) the domain name registered by the Respondent is identical to the Complainant’s trademarks; (b) the Respondent has no rights or legitimate interests in respect of the domain name; and (c) the domain name has been registered and used in bad faith. Accordingly, the Panel requires that the registration of the domain name be transferred to the Complainant."

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