Thursday, June 5, 2008

There is no stopping this press - another typosquatter defeated

Where the powers that be at Dayton Daily News determined to spend some subscription fees and go after a typosquatter

In Cox Newspapers, Inc. d/b/a Dayton Daily News v. PabloPalermao, WIPO Case No. D2008-0372 (Joan Clark, May 19, 2008), the Panel required the transfer of to the owner of the registered trademark DAYTON DAILY NEWS.

In finding the Respondent's domain confusingly similar to the Complainant's registered trademark, the Panel made clear that the mere deletion of a letter from the Complainant's mark did not obviate confusing similarity: "The removal of the letter 's' is so minor, at the very end of the principal part of the domain name, that it would not prevent the likelihood of confusion between the Complainant’s mark and the disputed domain name."

In discussing bad faith, the Panel emphasized that the omission of a letter from the Complainant's trademark evidenced the Respondent's bad faith: "The choice of the domain name and the omission of an 's' which would normally appear in such a term, is an indication that this domain name was chosen intentionally to be as close as possible to the Complainant’s trademark and the name of its newspaper."

As additional evidence of the Respondent's bad faith, the Panel emphasized the Respondent's use of the Complainant's trademark in providing links to websites of third parties: "A screenshot of on March 7, 2008 which shows the inclusion of links on topics similar to the services offered by the Complainant, in fact refers the visitors to 'Dayton daily news', further compounding confusion for the reader."

With such evidence, the Panel had "no hesitation" in finding that the domain name in dispute was registered and used in bad faith.

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