Biotechnology Industry Organization has recently lost its Legal Rights Objection against Starting Dot application

 to run the .BIO domain name.
Eranet International Limited(eranet.com) is one of the first ICANN, Verisign, HKDNR, and CNNIC accredited registrars,

which is focusing on domain registeration. hosting selling and company email.
The company filed the Legal Rights Objection with the WIPO Arbitration and Mediation Center on March 13,2013.The

Panel rejected the Objection for the following reasons :

"The Panel concludes that the Objector has failed to make out its case under the first criteria of Section 3.5.2
of the Guidebook. The evidence does not establish that the Respondent’s use of the <.bio> string will take
unfair advantage of the distinctive character or reputation of the Objector’s BIO trade-marks. Objector has
not proven, on the balance of probabilities that is unfair for Respondent to adopt as an identifier a descriptive
term which is directly related to the organics industry which Respondent’s enterprise intends to serve.
With respect to the second criteria of Section 3.5.2 of the Guidebook, the evidence has failed to show how
the Respondent’s use of the <.bio> string will unjustifiably impair the distinctive character or reputation of
Objector’s BIO marks. In fact, the evidence tends to show that Objector has chosen as its mark a word that
bears multi-facetted meanings in many different languages. As a consequence, there are many other users
who have adopted “bio” -formative identifiers. In this context, it is difficult to see how any unjustifiable
impairment can occur, so long as Respondent actually holds fast to its planned use of the <.bio> string as
described in its application.
With respect to the third criteria of Section 3.5.2 of the Guidebook, the evidence does not establish that the
Respondent’s planned use for the applied-for gTLD will otherwise create an impermissible likelihood of
confusion with Objector’s BIO mark. As set out above, likelihood of confusion has not been proven to the
Panel’s satisfaction. In addition, the Panel notes that the qualifier “impermissible” is built into the criteria:
Objector must not only show likelihood of confusion, but that it is impermissible. Prior WIPO LRO decisions
have commented on this point, and this Panel particularly notes with approval the discussions in Right at
Home v. Johnson Shareholdings Inc., WIPO Case No. LRO2013-0030, and Del Monte Corporation v. Del
Monte International Gmbh, WIPO Case No. LRO2013-0001. Applying the same reasoning, the Panel does
not find any evidence of untoward behaviour on the part of the Respondent, or anything intolerable in the
situation if Respondent is permitted to adopt the gTLD in question, as planned."
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www.eranet.com