eBay fights domain name hijacking

eBay filed a procedure with the WIPO in November to retrieve more than one thousand domain names. The domain names were registered by a Chinese company three months earlier and were composed of the trademark eBay, followed by three number and then an extension. (for example ebay070.com). According to WIPO it is the second largest claim ever.

The past month the case has been looked into. The domain names are similar to the trademark and the numbers and extensions have no influence on the distinctive character of the mark eBay. eBay has not given permission and the domain names all refer to commercial sites and are recently registered. The domain names are therefore registered in bad faith, and should be transferred to eBay for free.

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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?