In 2017, Kawasaki Motors entered into a verbal agreement with a third party. That party will offer insurance to owners of Kawasaki motorcycles. As part of the cooperation, the company is allowed to use the trademark and register domain names (in which the trademark appears).
In 2022, Kawasaki decides to end the cooperation, to which the user agrees. Then a discussion arises about the transfer of the domain name and the compensation the Respondent wants to receive. Meanwhile, the domain name <kawasaki-insurance.nl> remains active and Kawasaki motorcyclists can purchase insurance there.
Everything in these WIPO proceedings revolves around whether the Respondent has an interest of its own. Due to the termination of the cooperation, the Respondent no longer has the right to use the trademark. Not transferring the domain name is used as leverage to receive compensation. That is not legitimate. Use after termination of the agreement is use in bad faith. The domain name has to be transferred. If the defendant still wants compensation, then he should challenge the decision in civil court. The latter can then factor this into its judgment.
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