Post 13: Typosquatting and Case

Typosquatting is referring to those registered domain name which is close to the actual domain name where it occur differently in a common misspelling of a trademark, intended typo error, a differently phrased domain name or missing the dot. Typosquatting is intended or targeted to catch the web users who make typographical error when entering a web site address.

Typosquatting Case: Edmunds.com vs Digi Real Estate Foundation (2006)

For details, please visit: http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1043.html

Complainant: Edmunds.com, Inc US

Respondent: Digi Real Estate Foundation, Panama

Disputed website: edmundss.com

Observation and lesson learned:

Domain name edmundss.com registered by the respondent is confusingly similar to complainant Edmund’s trademark with an extra letter ‘s’. Edmund’s trademark has been registered by the complainant and www.edmunds.com has been launched since 1995 which was used for automotive information website and is now of the leading online resource for automotive information.

To make any decision, the panel always consider 3 elements according to UDPR policy

1)  Is the disputed domain name confusingly similar

2)  Rights or Legitimate Interests (fair use)

3)  Is it used in bad faith

In fact, the disputed domain name is clearly a typosquatting where it only different from the complainant trademark with an additional letter ‘s’ at the end. Double typing is an easily made typo error by the internet user, when this happen it lead user to a different web. Hence edmundss.com is confusingly similar.

Respondent does not fair use with the registered domain name, where the content of the disputed web is observe similar. Respondent also fail to give any reasonable reason why the domain name was registered.

By offering similar contents, the respondent is expecting commercial gain by attracting the internet users who make typo error, this clearly shown bad faith in using the edmundss.com. Furthermore, respondent has a history of registering domain name in bad faith.

As a result, Panel orders that the domain name edmundss.com be transferred to the complainant.