Elizabeth Taylor's Estate gets hands on LizTaylor.xxx domain name
發佈時間:2012-11-23
瀏覽次數:4382次
An arbitrator with the National Arbitration Forum has awarded the domain name LizTaylor.XXX to Elizabeth Taylor Trust,Interplanet Productions Limited and the Elizabeth Taylor Cosmetics Company.
Elizabeth Taylor's Estate filed a complaint with the National Arbitraiton Forum,on Octoer 2,2012,asserting legal rights over the disputed
domain name .The complainant provided evidences that it has rights in the "Elizabeth Taylor" trade mark,registered with the United States Patent and Trademark Office on March 22,1994.Therefore,the complainant contended that the disputed domain name is confusingly
similar to its trademark.
Moreover,the complainant contended that the respondent has no rights or legitimate interests in the disputed domain name and that the
respondent registered and used the disputed domain name in bad faith :
"The Respondent produced no evidence that Liz Taylor allowed him to use her name in any way in a disputed domain name. The claim
that the site will be used only in relation to that adult entertainer is self-serving, without any supporting evidence and its accuracy is questionable. It makes no sense to wait until the website becomes active which inevitably will cause confusion when it does, given the international fame of the Complainant’s trademark and Elizabeth Taylor’s nickname of Liz.
The public on seeing the name on search engines will believe that the resulting website will feature the late Dame Elizabeth Taylor instead of being directed to a website featuring an adult entertainer who has chosen to adopt a version of the late Elizabeth Taylor’s name.
Members of the public would reasonably conclude that an XXX domain name referring to the late Dame Elizabeth Taylor could tarnish the
reputation and name of the late Elizabeth Taylor."
The Panel ordered the disputed doman name to be transfered from the respondent to the complainant.
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