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Hotels Group Handed 1500 Domain Names After WIPO Ruling,
by Ulrika Lomas, LawAndTax-News.com, Brussels
Monday, February 01, 2010
An international hotels group has been allowed to take over more than 1,500
domain names from a single person thanks to a ruling by a World Intellectual
Property Organization (WIPO) dispute resolution panel.
The Inter-Continental Hotels Corporation and Six Continents Hotels, both
owned by the InterContinental Hotels Group (IHG), complained that 1,542 domain
names previously registered by German resident Daniel Kirchhof contained terms
which were the same, or very similar to, trademarks owned by IHG and misled
internet users into believing that they were booking hotel rooms directly with
the hotels.
The complaint was largely upheld by WIPO's Uniform Domain Resolution Policy (UDRP)
arbitration panel, which transferred 1,519 of the domain names to IHG. The panel
rejected claims on 10 of the names, while IHG's complaint was withdrawn on a
further 13.
According to the decision, "the use of the disputed domain names in this
manner cannot be considered use in connection with a bona fide offering of goods
or services."
Under WIPO's UDRP rules, domain names can be transferred if it can be shown
by the complainant that the name is identical or confusingly similar to terms
that it has rights to, that the person who owns it has no rights to the domain
name, and that it was registered and is being used in bad faith.
The ruling stated that, when internet users arrived at the defendant's websites,
they were likely to believe that they had arrived at the official website for
one of the complainant’s hotels, "as that is the clear impression
given by the website content."
"As the websites provide a mechanism for booking at the hotel (albeit
through another provider), the complainant is likely to suffer commercial loss
when an Internet user books through the respondent’s website when compared
with a booking directly on one of the complainant’s websites. The respondent
is likely to receive a commercial gain through such transactions, as well as
from displaying sponsored links to competitive goods and services," the
panel said.
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