Lewis & Lin Defends Tucks.com in Domain Name Dispute

In a unanimous decision of the World Intellectual Property Organization, a three member Panel denied the complaint of Johnson and Johnson in a domain name dispute filed against Webquest, Inc., the owner of the descriptive word domain name, Tucks.com.  The decision came as a vindication of the rights of professional domain name investors, who register dictionary word domain names for their value as generic terms, and not for their association with known brands.  Notwithstanding the proliferation of new gTLDs and the anticipated launch of new TLDs by ICANN, .com domain names remain the hottest commodity on the market.  In a world where companies choose dictionary words and last names as product names, and there exists a dispute resolution process that can be subjective, domain investors often find themselves on the receiving end of administrative proceedings.  Panelists are paid very little to sift through piles of evidence and conflicting arguments.  Perhaps as a result, decisions can often be formulaic and interpretation of the Policy overly rigid.  In this case, however, the Panel gave thoughtful consideration to the evidence, or lack thereof, in finding that the Complainant had failed to demonstrate bad faith on the part of the Respondent.    

 

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