Online pet medicine company loses dispute over domain names including term “Pet Med”.
Online pet medicine store PetMed Express (NASDAQ: PETS), which operates 1800PetMeds.com, lost a domain dispute at WIPO for a handful of domain names, including PetMedOutlet.com. Respondent Joseph Brinton was represented by Traverse Legal.
Brinton registered the domain name in 2006 and set up a web site that included affiliate links to companies selling pet medicine online. Brinton argued that “Pet Meds” was a generic term and no one could claim exclusive rights. Traverse Legal spotted that even the web site 1800PetMeds.com uses the term “pet meds” in a non-trademark manner, as described by the panel:
In point of fact, the Respondent is correct that evidence of such descriptive use can be found even on the Complainant’s own website (“at 1800PetMeds.com, we don’t just sell pet medsâ€; “1800PetMeds offers the highest quality pet meds at the best prices)
The panel determined that PetMeds Express did not prove that Brinton registered the domain name in bad faith.
You can read the full case here.