Disputes arise when two companies try to use the same name. This can also happen when a company’s brand name is being used as the company name by some other entity.
Arbitration Center for Internet Disputes witnessed an extended tussle between two parties over the usage of the domain name AdvanceBioderma.com. The filing in the ADR is only an extension of a number of Complaints filed by the Complainant. The initial complaint in fact was also at the domain AdvancedBiodermaCorporation.com. In fact both parties have already entered a dispute over the domain AdvancedBioderma.us at the Forum. The Respondent didn’t respond here and the domain name was transferred to the Complainant.
The Complainant here is NAOS, which is a major skincare company ranked among the top 10 independent companies. The Complainant has three prominent brands, namely: Bioderma, Institut Esthederm and Etat Pur. One of its brand, i.e. , Bidoerma was claimed to be infringed upon by the Respondent. The Complainant also claimed that the Respondent used the wordmark at their website that could confuse people.
The Respondent didn’t appear for the case at the Forum. However, a response was submitted this time. The Respondent here is Advanced Bioderma Corporation. The corporation was established in 2018 and operates at Boca Raton, Florida, US. The Respondent owns a European Union figurative Trademark for ADVANCED BIODERMA.
The panel found that the website at the domain name didn’t contain anything that could confuse the viewer into establishing an association with the Complainant. The panel found that the Respondent possessed valid European trademarks over the mentioned terms. The domain name was used for manufacturing services. The panel found that the Respondent did indeed have legitimate interest in the domain name.
The Complaint was denied.
You can read the case in full detail here.
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