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KEYTLaw Wins Cybersquatting Case for Pacific Aircraftby Richard Keyt A National Arbitration Forum Panel ruled that Pacific Aircraft Corporation of Angeles City, Philippines, must transfer the domain names pacificaircraft.com and pacificaircraft.net to Pacific Aircraft Incorporated of Scottsdale, Arizona. The action was filed by Richard Keyt, attorney for Pacific Aircraft Incorporated, under ICANN's Uniform Domain Name Dispute Resolution Policy. See the NAF Panel's decision. Pacific Aircraft Incorporated has been in the business of selling model airplanes and ships internationally for over ten years. In 1999, Robert Amerault, registered the two domain names for a Philippine corporation that hired him to design a web site. Amerault claimed that he took control of the domain names after the Philippine corporation failed to pay money owed to him. Since registering the domain names, the Philippine corporation and then Robert Amerault operated a web site that directly competed with the Scottsdale corporation. Amerault's web site used the same trade name as the Scottsdale corporation and sold the same products as the Scottsdale corporation. The NAF Panel found that the domain names were identical or confusingly similar to the Scottsdale corporation's common law trade mark, that the Philippine corporation did not have any rights or legitimate interests in the domain names and the domain names were used in bad faith. Under ICANN's Uniform Domain Name Dispute Resolution Policy, the respondent has ten days to file a lawsuit seeking to reverse the Panel's ruling or the domain names will be transferred to the Scottsdale corporation. See KEYTLaw's FAQ on ICANN's UDRP for a full explanation of the policy. The case illustrates how trademark and service mark owners (including owner's of unregistered common law marks) can obtain infringing domain names relatively quickly and inexpensively even when the dispute involves international cybersquatting. Because the procedures that are used to combat domain name trademark infringement and cybersquatting involve a federal statute and an international arbitration procedure, KEYTLaw is able to assist mark owners from any where in the world in obtaining infringing domain names from cybersquatters and typosquatters. Related Articles:
This article was first published on August 14, 2001. About the AuthorRichard Keyt is a business and contracts attorney licensed to practice law in Arizona. Rick can be reached by telephone at 602-906-4953, ext. 101, email at rickkeyt@keytlaw.com and fax at 602-297-6890. Rick's internet, e-commerce and domain name law web site is KEYTLaw, located at www.keytlaw.com. Communicating with Richard Keyt via email or otherwise does not cause you to become a client or cause your communications to be confidential or subject to the attorney client privilege. |
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