Thread: Starbucks Wins INDRP Case

Starbucks has won the domain Starbucks.co.in in a recent INDRP decision. IMHO, it was a predictable decision.

Although the respondent filed a response to the complaint, he failed to show that he had a legitimate interest in using the name Starbucks. I view Starbucks as a well-known mark - what about you?

The respondent has submitted that at the time of booking /registering the domain name www. starbucks.co.in the .in registry or his registrar did not ask him to submit any supportive documents / evidence to register the Domain name. The respondent has further submitted that the complainant has neglected the Domain name www. starbucks.co.in for past 04 years at the time of registering www. starbucks.in even though the .co. in extension was available(fron year 2002) before .in extension released. He has prayed for cancellation of complaint and allow him to use the domain name for his own purpose of another business which will not be in complainant's industry.

Realistically, I think most registrars neither monitor nor care if someone registers a trademarked domain. Also, if a trademark owner doesn't register the domain, it doesn't mean the registrant acquires the right to use the trademarked domain.

When will these people learn??!!

DON'T REGISTER TRADEMARKS OR BRANDS!!

THEY WILL GET YOU IN THE END!!

Stick to generic commercial or product names. its not hard!

Regards

Ed
OzDomainer.com

Originally Posted by OzDomainer

When will these people learn??!!

I think there are two main reasons why these people are registering such trademarked domains:

Reason 1: They simply don't care that they're infringing on a third party TM. They're out to make a profit.

Reason 2: They didn't do their homework and learn about TMs and TM infringement.

Both end up hurting the domain industry...

Originally Posted by Ceres

I view Starbucks as a well-known mark - what about you?



Realistically, I think most registrars neither monitor nor care if someone registers a trademarked domain. Also, if a trademark owner doesn't register the domain, it doesn't mean the registrant acquires the right to use the trademarked domain.

I agree full and don´t think the registrars care who registers what and this is very similar to the most auction sites. They don´t care if the name is trademarked.
Also Starbucks is worldwide known how can someone register this name ?
Maybe of two reasons.
He/She is an idot or quite unscrupulous.

Actually Ceres, the real reason is:

3: They hope the tm holder will pay them 10x - 20x of reg fee for their efforts. Unlikely to happen now that INDRP only costs $250 to file.

Generics can also be tms, its all in the usage, but yeah, registering tms is quite stupid, specially with so many good domains still available.