Del Fabbro Laurent registered and used the domain names www.porsche-buy.com and www.porschebuy.com to sell used Porsche cars.  Porsche filed a UDRP complaint to recover the domain names. Dr. Ing.h.c.F.Porsche AG v. Del Fabbro Laurent, Case No. D2004-0481 (WIPO, August 20, 2004)

Panelist Michael Bernasconi concluded that the names were used in good faith and did not constitute a violation of the Policy.

On the issue of bona fide use, the panel stated:

To be bona fide, the offering must meet several requirements (see Philip Morris Incorporated v. Alex Tsypkin, WIPO Case No. D2002-0946; Oki Data Americas, Inc. v. ASD, Inc., WIPO Case No. D2001-0903). Those include, the following:

- A respondent must actually be offering the goods or services at issue;

- A respondent must use the website to sell only the trademarked goods; otherwise, it could be using the trademark to bait internet users and then switch them to other goods;

- A respondent must take steps to prevent confusion by making clear in its use of the domain name that it is not the trademark owner, even if it offers legitimate goods, by accurately disclosing the registrant’s relationship with the trademark owner; i.e. it may not, for example, falsely suggest that it is the trademark owner, or that the website is the official site, or that it is an authorized or exclusive agent;

- A respondent does not corner the market in all domain names or deprives the trademark owner of reflecting its own mark in a domain name.

The Panel notes that the Oki Data case involved parties in an existing distributor relationship, unlike the present case, where the Complainant has not authorised the Respondent to act as its distributor or otherwise. The Panel also notes that the fact that the parties were in a legal relationship may have been taken into account in the Oki Data decision, although the Phillip Morris decision did involve parties that were not in a legal relationship. That said, and taking into account the nature of the Oki Data criteria as such, the Panel finds that the facts in the present case do not contain elements that would, a priori, make it inappropriate to proceed with the application of the Oki Data test in these particular circumstances.