Media giant loses case against small town real estate agent.
Financial media company Bloomberg Finance has lost a domain name dispute with a small town real estate agent over the domain BloombergRealty.com.
Bloomberg filed a case with National Arbitration Forum, arguing that the domain name BloombergRealty.com violated the media company’s trademark. The domain’s owner is Nancy Shulman, a real estate agent whose married surname was Bloomberg.
Bloomberg Finance failed on all three elements it must prove under the Uniform Dispute Resolution Policy. The case was doomed right off the bat when the arbitrator found that BloombergRealty.com was not confusingly similar to the mark Bloomberg.
While finding that the domain wasn’t confusingly similar, Arbitrator Nelson A. Diaz wrote:
The Panel concludes that Complainant has not satisfied Policy 4(a)(i) because the disputed domain name is not confusingly similar to the mark; therefore, the Panel declines to analyze the other two elements of the Policy.
But he then went on to analyze the other two elements of the policy, in which he also found in favor of Shulman. After all, her former last name and kids’ names are Bloomberg, establishing some rights to the name. She also has operated a web site at the domain name to promote her real estate business.