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Old 21st August 2006, 06:36 PM
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Re: "Generic + Generic" safe from WIPO?

Quote:
For the Panel, there is nothing illicit, in principle, in using descriptive names to attract users to an Internet website for advertising links. However, the Panel was struck with the extent to which the “Supreme Ruler” name is known and is associated with the Complainant on the Internet. Given this strong presence, in this particular case the Respondent’s use of the domain name must generate very considerable traffic that is solely the result of the Complainant’s well-known computer games. Therefore, the Panel finds that the descriptive element is outweighed, in this instance, by the association that the name has with the Complainant in the same way as other common terms are now associated with well-known trademarks.
What this says is that it doesn't matter if a name is "descriptive", as long as traffic came as the result of another website or association??

They also admit "nothing illicit, in principle, in using descriptive names to attract users to an Internet website for advertising links.", but i remembered read some other cases where parking is frown upon??

Btw, has anyone seen the decision on that game.co.uk? The name is generic, there was no parking site, so I thought it was the case of "who has the trademark". I think we'll need to look at it again to see what really went wrong.

Last edited by touchring; 21st August 2006 at 06:59 PM..
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