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LEGO vs LEGOTOYS.COM
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According to a decision made on August 12, 2009 by the WIPO Arbitration and Mediation Center based on the UDRP (Uniform Domain Name Dispute Resolution Policy) proceedings, the Danish company LEGO Juris A/S won the case of its complaint and obtained the transfer of the disputed domain name “legotoys.com” registered and used by the American companies Whois Privacy Protection Service, Inc./Shop2Shop, G.V.
The decision was reached for the following reasons :
- the disputed domain name was proved to be identical or confusingly similar to the trademarks LEGO owned by the Complainant, LEGO Juris A/S
- Whois Privacy Protection Service, Inc./Shop2Shop, G.V.’s lack of rights or legitimate interest in the disputed domain name was shown as prima facie case by the Complainant and corroborated by the lack of response of the other party
- the registration in bad faith of the disputed domain name by Whois Privacy Protection Service, Inc./Shop2Shop, G.V. was inferred by the longstanding and worldwide fame of the Complainant’s LEGO trademarks. And the evidence of use in bad faith of the disputed domain name by Whois Privacy Protection Service, Inc./Shop2Shop, G.V. was confirmed by their internet parking page displaying links to a website selling Complainant’s products as well as competing ones, but also displaying links that might have sexual content.