Decision in Liu.Jo domain name dispute
On 11 October 2017, Bart GODDYN handed down a decision that ordered the transfer of the domain name “liujouomo.eu” to the legitimate owner of the well-known trademark “Liu.Jo”.
Liu.Jo is an Italian company active in the business of manufacturing, marketing and selling high-end articles of clothing and accessories for women and men. Liu.Jo’s products can be found at flagship stores and retail stores (more than 5,300 worldwide).
In the “liujouomo.eu” case, the panel accepted all of complainant’s arguments that the disputed domain name is confusingly similar to the complainant’s “Liu.Jo” trademark. The domain name “liujouomo.eu” only differentiates itself from the complainant’s mark for the format required of Internet domain names, namely the inclusion of the .eu suffix, and for the descriptive component “uomo”. The panel was also of the opinion that it was significantly demonstrated that the respondent registered the domain name without rights or legitimate interest in the domain name and that the respondent registered or used the domain name in bad faith. The respondent offered counterfeit items of clothing bearing the “Liu.Jo” trademark, through a website to which the domain name referred, with a clear intent for commercial gain.
For this matter, Bart was appointed as a sole panelist by the Czech Arbitration Court. The Czech Arbitration Court (based in Prague, Czech Republic) is an ADR provider for .eu domain name disputes. It helps brand and trade mark owners, domain name registrants and registration companies all over the world to resolve conflicts in a fast, efficient and cost-effective fashion. Bart serves as a panelist for domain name dispute resolution at the Czech Arbitration Court since 2006. In the past, he already ordered the transfer of domain names to trade mark owners such as Sanofi and Danone.