Fossil Wins Fossil.name Domain Name in Arbitration
An arbitrator with the National Arbitration Forum has recently awarded the domain name Fossil.name to Fossil Group, Inc. .The company submitted a complaint with the National Arbitration Forum on November 1, 2013 ,asserting legal rights over the disputed domain name .
FOssil Group owns many trademark registrations for the “Fossil” mark all over the world.Therefore,it is more than obvious that the disputed domain name is confusingly similar with its trademark .Moreover,the company contended in the complaint 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 .
One of the key points of this complaint was when Yahoo managed to demonstrate that the respondent registered and used the disputed domain name bad faith,by trying to attract Internet users for Respondent’s own commercial gain by creating a likelihood of confusion with Complainant’s FOSSIL mark.
Fossil Group managed to establish all three elements required under the ICANN Policy and the Panel ordered the disputed domain name to be transferred from the respondent to the complainant.
You can see the decision here.