IDN WIPO decision finds for the respondent

The dispute was over a French IDN: matériel.net translating as equipment in English.

The Complainant is a French company who had operated a French-language website at “www.materiel.net” through which it sells computers, computer peripherals, and other electronics products. The Complainant owns French national trademark number 01 3 086 049 for the mark MATERIEL.NET, which was registered on March 1, 2001.

The panel made it’s decision in favour of the IDN domain holder.

Media General Communications, supra, identified factual circumstances in such cases that support a finding of legitimate interest:
- the respondent regularly engages in the business of registering and reselling domain names, and/or using them to display advertising links;
- the respondent makes good-faith efforts to avoid registering and using domain names that are identical or confusingly similar to marks held by others;
- the domain name in question is a “dictionary word” or a generic or descriptive phrase;
- the domain name is not identical or confusingly similar to a famous or distinctive trademark; and
- there is no evidence that the respondent had actual knowledge of the complainant’s mark.

Link:
http://www.wipo.int/amc/en/domains/decisions/html/2008/d2008-0767.html