Baylor University wins BaylorSucks.com domain in arbitration
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Release time:2012-05-22
Browse:4754
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An arbitrator with the National Arbitration Forum awarded the domain name BaylorSucks.com to Baylor University.The University submitted a complaint to the National Arbitration Forum on April,9,asserting legal rights over the domain name. Baylor University owns Unites States Patent and Trademark Office (USPTO) trademark registrations for the "Baylor" mark and the "Baylor University" mark.Therefore,it is more than obvious that the disputed domain name is confusingly similar to its trademark.
Moreover,Baylor University contended in the complaint that the respondent registered and used the domain name in bad faith:
"Complainant argues that Respondent has listed the disputed domain name for sale at the resolving website, displaying a message that states, “The owners of the domain name baylorsucks.com are accepting offers from interested parties willing to obtain ownership rights over the domain name. You may learn more about how to place your offer by clicking HERE.”
"Respondent’s disputed domain name displays various links to third-party websites. Complainant alleges that Respondent is presumably paid a commission or fee when Internet users click on any of the links. Complainant asserts that Respondent is intentionally attempting to attract, for commercial gain, Internet users to its resolving website by creating a likelihood of confusion with Complainant as to the source, sponsorship, or affiliation of the resolving website."
The Panel ordered the disputed domain name to be transferred from the respondent to the complainant.
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