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Showing posts with the label confusing similarity - addition of "buy"

Addition of terms "easy" and "buy" to registered trademark increase likelihood of confusion

In F. Hoffmann -La Roche AG v. Julio Alvares , WIPO Case No. D2008-0254 (Andrea Jaeger - Lenz , April 18, 2008), the Panel compelled the transfer of easybuyvalium .org to the Complainant, which owned the registered trademark VALIUM. In finding that the domain name was confusingly similar to the Complainant's trademark, the Panel emphasized that the addition of "easy" and "buy" to the Complainant's trademark increased the likelihood of confusion as to the source of the drugs offered by the Respondent. According to the Panel: "With regard to the additional descriptive words 'easy' and 'buy', the Panel accepts the Complainant’s assertion that the mere addition of these generic terms does not necessarily avoid confusing similarity to the Complainant’s trademark...Furthermore, the generic terms are likely to create confusion as to the source of the offered products. Generally speaking, the use of a registered trademark in a domain name allow...