Ossian Law P.C.
IT Law Alert September 2, 2014
Carmaker Can’t Stop <porsche.social> Domain Registration: German automaker Dr. Ing. h.c. F. Porsche AG (“Porsche”) has lost an attempt to stop Interactiv Corporation (“Interactiv”) of San Jose, California, from registering the domain <porsche.social>. Porsche filed a Uniform Rapid Suspension (URS) claim against Interactiv in the National Arbitration Forum.
A URS claim requires a showing, by clear and convincing evidence, that: (a) the registered domain is identical or confusingly similar to a word mark; (b) the registrant has no legitimate right or interest to the domain; and (c) that the domain was registered or is being used in bad faith. The panel found that Porsche did not establish that Interactiv had no legitimate interest to the domain or that it was registered in bad faith:
“[Interactiv] states its intent is to create a free community to Porsche car enthusiasts and state a disclaimer on every webpage that [it] is not affiliated to or authorized by [Porsche]. The use of “.social” in the domain name [is] evidence of that intent.”
What is your organization’s domain name strategy? Does it include defensive registration to preclude third party registration and use of domains including your trademarks? Review the <porsche.social> panel’s decision here.
Contact us at Ossian Law P.C. regarding social media law or any other information technology law question.