Sunday, 14 March 2010 07:33 Domain News
Nokia Corporation,a multinational communications corporation,filed a complaint with the WIPO Arbitration and Mediation Center ,requesting vertuemail.com and vertumail.com domain names to be transferred from the respondent to the complainant. The company owns WIPO International trademark registrations for the "Vertu" mark.Therefore,they contended the domain names are confusingly similar to its trademark.Moreover,they contended that the respondent registered and used the domain names in bad faith ."The Complainant’s trademark rights arose prior to the registration by the Respondent of the disputed domain names, so it is possible that he Respondent had the Complainant’s mark in mind when he registered the disputed domain names."However,the respondent contended that he didn’t tried to use the domain names in bad faith,"…he purchased the disputed domain names in 2006 for the sole purpose of creating and maintaining virtual email websites for independent and amateur artists, the idea being to allow artists to be able to send emails, post and show to the world their creations, such as music videos, clips, paintings, sculptures and other art creations."Because the complainant managed to demonstrate all the elements needed,the Panel ordered the disputed domain names be transferred from the respondent to the complainant.
You can read the decision here .
