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28Jan/10Off

Microsoft wins domain arbitration case

Microsoft, the United States-based multinational computer technology corporation has recently won a domain name case against TN Chen. The company submitted a complaint to the National Arbitration Forum, requesting the disputed domain names bing-wallpaper.com and bingimg.com to be transferred from the respondent to the complainant.

microsoft c4fac Microsoft wins domain arbitration case

Bing is the current web search engine from Microsoft. Therefore, Microsoft has applied to register the "Bing" trademark in a number of jurisdictions in including United States and Trademark Office.

The complainant accuses Patrick McAuliffe for registering a confusingly similar to its trademark and, moreover, for registering and using the disputed domain names in bad faith.
"Respondent’s bing-wallpaper.com and bingimg.com domain names resolve to a website containing hyperlinks to search engine providers that compete with Complainant.  Internet users may use a competing search engine instead of Complainant’s new search engine because of Respondent’s competing use of the confusingly similar disputed domain names."

"Respondent profits from this use by requesting donations from Internet users and also likely receives click-through fees from the competing hyperlinks.  Internet users interested in Complainant’s search engine may become confused as to Complainant’s sponsorship and affiliation with the disputed domain names and resolving website."

Because the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements required, the Panel ordered the disputed domain names to be transferred from the respondent to the complainant.

You can see the decision here .

Source: www.domainnews.com