March 25, 2015 – Crosby & Higgins LLP Successfully Shuts Down Fraudulent Website in Trademark Infringement Case
March 25, 2015
Crosby & Higgins LLP recently represented the owner of a well-known online marketplace in a trademark infringement case before the World Intellectual Property Organization (“WIPO”). The action was brought against a cyber-squatting company based in China that was operating what appeared to be a completely fraudulent website. The domain name for the fraudulent website was nearly identical to the complainant’s domain name and registered trademark, thus causing confusion among customers and misdirecting business.
After Crosby & Higgins LLP demanded that the Chinese company cease and desist from the unauthorized use of its client’s trademark, it initiated arbitration proceedings before WIPO under the Internet Corporation for Assigned Names and Numbers (“ICANN”)’s uniform domain dispute resolution policy. The complaint consisted of claims that the domain name at issue caused significant confusion, the Chinese company had no legal rights or legitimate interests in its use, and it was being used in bad faith. In a sweeping decision, the WIPO Panel found for the complainant on all of its claims, and ordered that the disputed domain name be cancelled, thus effectively shutting down the fraudulent website.