Tobacco company convinces arbitration panelist to hand over domain names used to criticize it.Philip Morris has won another cybersquatting complaint against a long time nemesis.
The company convinced a single member National Arbitration Forum panelist that David Delman should hand over six domain names he used as gripe sites about smoking: philipmorris.website, philipmorrisviolations.website, philipmorriscigarettediseases.org, philipmorriscigaretteskill.com, philipmorriscigarettescankill.com and philipmorriscigarettediseases.com.
The tobacco company has previously won seven cybersquatting complaints against this same person. Yet panelist Katalin Szamosi turned in a shoddy reasoning to the case, regardless of whether you think Philip Morris should have won or not.
Philip Morris had to prove that the domain names were confusingly similar to its marks. Typically in gripe site cases, the panel will consider if someone seeing the domain name would think it was controlled by the trademark holder or not. Obviously, Philip Morris is unlikely to create a site called PhilipMorrisCigarettesKill.com, so it normally wouldn’t pass the test.
But Szamosi wrote: Click to continue reading…