Translated, this is the defendants arguements, not the panelist dicusion...
To justify of this development which would be made in the absence of any violation of the former rights called upon by the Applicant, the Defendant makes the point that the terms âJeuxonlineâ would be generic and, consequently, with the provision of all.
It would not know disputed being that the terms âJeuxonlineâ adopted as a domain name to promote an Internet site proposing of the plays on line are of a generic nature.
Their protection can thus only be limited.
Indeed, under the terms of the principle of the freedom of the trade and industry, it cannot be reproached a competitor for using as domain name, terms belonging to the current language.
It is besides in the sense that decided the Court of Appeal of Paris on May 25,2005 being the names <servicesfuneraires.fr> field and <services-funeraires.fr>.
This is what the panelist said in response...
However, it is advisable in the species to consider the context in which the recording of the litigious domain name intervened.
This recording was in the beginning a âjokeâ between competitors of the consent of the Defendant.
There is not any doubt that one domain name, even generic, revêt a consequent commercial value, in particular when an activity is already deployed under the same very close domain name, differing only by a gTLD.
However, the fact for the Defendant of recording in all knowledge of cause the denomination adopted by its principal competitor and of refusing to restore to him, and this with an aim, in the long term, of benefitting unspecified from it, constitutes an unfair behavior.
Consequently, the Expert considers that the use of the litigious domain name by the Defendant intervened in violation of the principle of honesty in the trade.
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Umm, registering a known TM, seems like something fishy there. The defendant did not even dispute this fact.
It's a simply a mistake if a descriptive mark like "jeux online", without any claim to fame whatsover, is protected. It's unlikely that any regular court would agree to your reasoning.
My reasoning... that's funny, I thought it was WIPOs reasoning. And this is not the only case that was decided this way. Again, UDRPs ARE NOT TM cases, but rather establishing rights or greater rights to a domain. You (and many other domainers) seem to fail to understand that portion of reality. This has nothing to do with what I think is right or wrong, I am just presenting the truth here.