Geography Reference
In-Depth Information
of domain names in violation of the prohibition against false indications of
source or the rules relating to the protection of geographical indications'.
207
The final Report was also submitted to Special Sessions of the WIPO Standing
Committee on the Law of Trademarks, Industrial Designs and Geographical
Indications (SCT) which were held from 29 November-4 December 2001, and
from 21-24 May 2002. The SCT was also unable to reach consensus on this
subject for much the same reasons that the WTO discussions on the extension
of Art 23 of the TRIPS Agreement and the establishment of the multilateral
system for the protection of GIs for wines and spirits has faltered.
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3. WIPO DNS panel decisions on geographical domain names
(a) Uniform Domain Name Dispute Resolution Policy
Under para 4(a) of the Policy, a complainant has the burden of proving the
following:
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(i)
that the disputed domain name is identical or confusingly similar to a
trade mark or service mark in which the complainant has rights; and
(ii)
that the respondent has no rights or legitimate interests in respect of the
disputed domain name; and
(iii)
that the disputed domain name has been registered and is being used in
bad faith.
A respondent to demonstrate 'rights or legitimate interest' had to demonstrate
in accordance with para 4(c) of the Policy:
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(a)
that he used or has made preparations to use the domain name or a name
corresponding to the domain name in connection with a
bona fide
offering
of goods or services prior to the dispute;
(b)
that he is commonly known by the domain name, even if he has not
acquired any trade mark rights; or
(c)
that he intends to make a legitimate, non-commercial or fair use of the
domain name without intent for commercial gain to misleadingly divert
consumers or to tarnish the trade mark.
For the purpose of para 4(a)(iii) of the Policy, the following circumstances, in
particular but without limitation, if found by the panel to be present, shall be
evidence of the registration and use of the domain name in bad faith:
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207
Ibid, at 9.
