In some instances, including a brand name in a domain name can be a matter of “fair use”. In other instances, including a brand name in a domain name can cause public confusion or be considered bad faith use. In this post, UDRP expert Steve Levy discusses how the outcome of a UDRP case can depend on whether a brand and its products are specifically being targeted.
Just because a website changes it’s content after getting slapped with a UDRP complaint letter, doesn’t mean it’s not Trademark infringement. Learn more!
One of the most oft-cited decisions in the history of the UDRP (Oki Data Americas, Inc. v. Asdinc.com) involves use of the domain okidataparts.com for a website offering the sale and repair of genuine OKIDATA branded products and parts. That 2001 decision found in favor of the respondent saying that the trademark was used fairly to describe the respondent’s business.