Panel Decision: Plural Version of Domain Does Not Violate Trademark Rights

LUXEMBOURG, Dec. 15, 2011 /PRNewswire/ -- The Panelists of the recent UDRP ruled in favor of Domain Invest S.A. (DI S.A.) after Quester Group, Inc. (QG) filed a complaint against DI S.A. with the World Intellectual Property Organization (WIPO). The Complainant accused DI S.A. of trademark violation for registering ultimateguitars.com, a domain similar to ultimate-guitar.com, which is currently under the ownership of CQ.

After a successful bid against Domain Capital in a UDRP on June 10, 2010, former owner of ultimateguitar.com, Quester Group, Inc., was confident when they made the following submissions and arguments: "The disputed domain name is [yet again] virtually identical to the Complainant's registered trademarks and registered domain names. The only difference is that the Respondent uses the plural of the Complainant's marks." 

The Panelists John Swinson, Dinae Cabell, and Neil A. Smith eventually ruled in favor of the respondent when they came to the conclusion that the "premium domain name and its inherent value is directly related to its descriptive or generic nature and not to its similarity to a trademark or other third-party right." The UDRP also acknowledged Domain Invest's legitimate interest in the disputed domain ultimateguitars.com and pointed out that the "Respondent is using the site as a directory for third-party-services which corresponds with his overall business model." For all the foregoing reason, it can therefore be excluded that the domain was registered and used in bad faith. This was, once again, underlined by the UDRP's final statement that "The Respondent is making a fair use of the disputed domain name without intent to misleadingly divert consumers."

About Domain Invest

Domain Invest (DI S.A.) is one of the largest companies in Europe specialized in internet domain name monetization. Domain Invest acquires existing undervalued Internet Domain Names, which usually have a high potential and already generate revenues. The company then monetizes traffic by dynamically generating websites presenting advertisements contextually related to their domain name. The aim is to offer a value increase potential and to attract large audiences. Founded in 2008, Domain Invest is based in Luxembourg and already well known in the Domain names world. http://www.domaininvest.lu

Contact:

Frederick Schiwek
12, route de longwy
L-8080 Bertrange
Luxembourg
Email: [email protected]

This press release was issued through eReleases(R).  For more information, visit eReleases Press Release Distribution at http://www.ereleases.com.

SOURCE Domain Invest