Justice prevails in Volo auto museum vs Volvo cars domain dispute

Discussion in 'General Motoring' started by Scott, Jul 1, 2003.

  1. Scott

    Scott Guest

    http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0306.html

    WIPO clearly thought that Volvo had no case at all:

    "Clearly, there must be a risk of confusion arising out of
    typographical errors, and such errors are plainly at the heart of the
    instances revealed by the Yahoo search conducted by the Complainant
    [Volvo]. But, to rely on this single search in support of the
    assertion "Instances of confusion are rampant" is going too far.

    Also unhelpful is the Complainant's reliance on other WIPO decisions,
    each one of which depended on its own facts, and in each of which the
    Trademark itself featured in the domain name at issue.

    The Panel concludes that the Respondent [Volo Auto Museum] has rights
    and legitimate interests in the domain name, falling within the
    circumstances of Paragraph 4(c)(i) of the Policy. <snip> Clearly, the
    Respondent has acquired "rights" in the name VOLOCARS as a result of
    its trading activities (regardless of the Complainant's rights in the
    Trademark, the Respondent could restrain others, in appropriate
    circumstances, from trading under the name VOLOCARS).

    Here, the Respondent has placed before the Panel ample evidence that
    it has acted in good faith. Its business in antique and classic cars
    does not, in the Panel's opinion, stand to benefit in any way from
    association with the Complainant. It is equally clear that the
    Respondent has not been motivated by any desire to damage the
    Complainant."
     
    Scott, Jul 1, 2003
    #1
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  2. Scott

    Mike F Guest

    It's nice to see there's at least a little bit of sense somewhere in the
    legal system! Way to build goodwill Volvo!
     
    Mike F, Jul 2, 2003
    #2
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