Red Bull loses UDRP procedure - domain name infringement

Sometimes a trademark is used as part of a domain name. This is quite undesirable, because it implies a bond between the trademark holder and the owner of the website. Usually this is not a problem for the trademark holder, since a simple UDRP procedure is usually all it takes to obtain the rights to the domain name registration. Red Bull, however, recently lost such a procedure concerning the domain name REDBULLNORGE.COM.

Red Bull lost this case because the registrant of the domain name was Red Bull’s Norwegian distributor. Back in the day only a Norwegian company or person could register and operate a Norwegian domain name. Now that this is no longer required Red Bull wanted the domain name for herself. Unfortunately for Red Bull the domain name was registered in good faith. In UDRP procedures both registration and use of the domain name have to be in bad faith.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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