WOOT online retailer The company, represented by Linda M. Novak filed a lawsuit NAF via the domain Wooot.com against Daeix Inc., represented by Ajay Pillai (Case FA1003001312536 ).
WOOT for your business using the domain Woot.com since 2000 and has WOOT trademark in the United States since 2004.
The demandadado said that its business is different, that does not interfere with the plaintiff. What if your claim is based on that there is a point of difference, then it would also have the right over several thousands of similar domains.
The sole panelist, Nelson A. Diaz, estimated that the letter added more not a substantial alteration that prevents the domain is confusingly similar to the complainant's mark. Having the domain parking, not known for advertising the same and have the responsibility of applicant companies will make the inference that the Respondent has no legitimate interests in the domain.
Nelson also says that even though the plaintiff alleges is not responsible for the advertising links placed by the parking company, he is ultimately responsible for any use that gives the domain. To be confusingly similar, it infers that has been registered and used in bad faith to make a profit at the expense of the complainant's mark.
However, the panel instead of granting the applicant the domain as usual, in its decision ordered that the domain is canceled. Do not give any explanation for why it has decided to cancel it rather than transfer. Obviously, the domain has been canceled again be available and after having entered into an auction of NameJet where the June 30 and had six bids , was finally purchased by July 1 DROPHUB.COM INC.
Another recent example domain terminated by a panelist is the Bibi.com (Case D2009-1778 ) where the defendant is the domainer Thunayan billionaire Khalid AL-Ghanim . However, this decision itself offered arguments explaining the reasons for the cancellation to be synthesized in the panel considered that the applicant should not have priority over other third parties that may also be potentially interested and have legitimate rights over the domain.
