The first criteria for a domain resolution procedure is the presence of confusing similarity between the disputed domain name and the Complainant’s trademarks. However, this is easier said than done and can be many times confusing, as well.
WIPO arbitrated in an interesting domain name dispute regarding a Russian Respondent. The domain name in question here was HBZnews.com.
The Complainant here is Helbiz, Inc. The Complainant operates a transportation company that provides Electric Scooters for rent via the use of an App. The Complainant organisation provides its services in several cities of the US as well as Italy. The Complainant has trademark rights over HELBIZ in US and Canada, registered earliest by November 2019.
The Complainant also operates at the domain name Helbiz.com. The Complainant trades at NASDAQ under the HLBZ mark. The Complainant claims common law trademarks over the HELBIZ marks since 2015.
The domain name was registered by the Respondent in June, 2019. The Complainant claimed that the website at the disputed domain contains terms specifically targeted at the Complainant, with the logo and the design being copied as well. The website also contains a disclaimer that states it as the unofficial website of Helbiz news.
The panel found that the domain name in question contained parts of the registered trademark of the Complainant and did not contain any proper arrangement to avoid confusion between the Respondent and the Complainant.
The domain name was transferred.
You can read the full case here.
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