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Main Page » Trademarks, Copyright and the Internet » Hot Topics » Geographic terms

Wednesday, October 27

ICANN UDRP Panel Addresses Rights in Geographic Name

by Mark VB Partridge on Wed 27 Oct 2004 07:11 AM EST

Aberdeen Airport Limited, which operates the airport facility near Aberdeen Scotland, sought transfer of the domain name <aberdeenairport.com> from a respondent located in the United Arab Emirates.

The thorough decision by Panelist Warwick Smith considers the requirements under UK law for establishing common law trademark rights in a place name. BAA plc, Aberdeen Airport Limited v. Mr. H. Hashimi, Case No. D2004-0717 (WIPO October 21, 2004).

The case is a good example of the well-reasoned cases that require Complainants to prove common law rights to obtain relief, as opposed to merely accepting a claim of rights because the domain name ... more »

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Saturday, August 28

UDRP and the Names of Cities and Countries

by Mark VB Partridge on Sat 28 Aug 2004 10:48 AM EDT

Thanks to Patrick Jones at www.UDRPlaw.net for bringing to our attention his compilation of ICANN UDRP cases and related news involving city and country names.

See also his comment on previous posting about Mexico.com.

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Thursday, August 19

More on Mexico.com

by Mark VB Partridge on Thu 19 Aug 2004 09:03 PM EDT

Further an earlier post, this article by Javad Heydary for eCommerce Times on the Mexico.com UDRP decision illustrates the conflicting views around the world over protection of geographic indications, perhaps the hot international trademark issue for the next decade. Domain Name Geography: Mexico Loses Fight over Mexico.com. more »

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Thursday, August 12

Mexico.com Claim Leads to Finding of Reverse Domain Name Hijacking

by Mark VB Partridge on Thu 12 Aug 2004 10:37 AM EDT

The Mexico Tourism Board lost its bid to obtain the www.Mexico.com domain name and is branded a reverse domain name hijacker in an ICANN UDRP proceeding. Consejo de Promoción Turística de México, S.A. de C.V. v. Latin America Telecom Inc., Case No. D2004-0242 (WIPO July 19, 2004).

The Panel (Alan Limbury, Manuel Moreno-Torres, and David Sorkin) finds no bad faith by the registrant, stating:

"Even assuming that the word MEXICO was being used as a trademark by Complainant’s predecessor, the Tourism Ministry of Mexico, it is inconceivable to the Panel that Respondent selected the domain name <mexico.com> because ... more »