Fighting problem domain registrations can be a problem. This decision though, repulses me.
With respect to trademark registered number 39979255 for “WWW.POST.DE�, the trademark is clearly intended to convey to the consumer a German web site on the internet or an internet site devoted to the postal service in Germany. The domain name, in contrast, is generic and gives no such indication. Indeed, the well-established principle is that when making such comparisons, suffixes like ‘. com’ are ignored and the true comparison to be made in this case is therefore between the ‘post’ of the domain name and the entire trademark “WWW.POST.DE�
When that comparison is made it is seen that the domain name is not identical to the trademark and that the reasonable bystander could hardly be confused into thinking that the domain name referred to the particular German web site.
Maybe these panelists should attend the upcoming conference. The World Intellectual Property Organization is organising the “WIPO Advanced Workshop on Domain Name Dispute Resolution: Update on Practices and Precedents” to be held in Geneva (Switzerland) on 19th and 20th October 2006.
[ Source: WIPO Domain Name Decision: D2006-0001 ]
