Infringing domain names to be transferred to MOOOI

03-11-2023 Print this page
Birgit Kunst-Verboon
(Courtesy of Bram Woltering en Roderick Chalmers Hoynck van Papendrecht, AKD)

WIPO Arbitration and Mediation Administrative Panel Decision.  Moooi B.V. opposes the domain names <> and <> . According to Moooi, the domain names are confusingly similar to the trademarks MOOOI while the defendants have no rights to or legitimate interests in the disputed domain names.  The domain names are registered and are being used in bad faith.

MOOOI's trademarks are famous in the Netherlands for furniture, interior design and design. Also, the trademarks are used intensively.

The defendant has not responded to the plaintiff's contentions. Moooi requests transfer of the disputed domain names.

The Panel finds that Moooi has sufficiently demonstrated that the disputed domain names are confusingly similar to its (registered) trademarks. The disputed domain names may be combined with the words sale and furniture, but the trademarks MOOOI remain easily recognisable in the disputed domain names.

MOOOI provided sufficient evidence that the defendant has no right to use the trademark MOOOI in the domain names. The defendant is not an authorised reseller or licensee. The domain names refer to websites that use MOOOI trademarks and feature product photos of the complainant, which are likely violating Complainant’s copyrights, misleading consumers into believing that the defendant at least has a license to use the MOOOI trademarks. Moreover, the disputed websites ask the unsuspecting internet users to leave their payment details, thus posing a serious phishing threat. The The Panel is convinced that the defendant is not a bona fide provider of MOOOI products..

The Panel is further convinced that the registration of the domain names was done in bad faith. Given the intensive use of the MOOOI trademarks, the defendant should at least have been aware of their existence. This is further supported by the fact that the websites to which the domain names refer have indeed been used to sell allegedly counterfeit MOOOI products.

The Panel is convinced that the Respondent is not a bona fide provider of MOOOI products.

Read the full decision here.