Holodilnik.Ru could not sue the domain Holodok.info from competitors

Published on September 01, 2006

Holodilnik.Ru could not sue the domain Holodok.info from competitors

    Trading house "Edil" tried to take the domain Holodok.info from competitors. Moscow businessmen appealed to international arbitration, but lost the process.

    Trading house "Edil" is well known in RuNet. They own the online store Holodilnik.ru , as well as a number of domain names, including holod.ru, holodilnik.ru, holodilnic.ru, holodilnik.info, holod.info with a total attendance of about 45 thousand hosts per month. In 2003-2006 gg. they registered trademarks COLD, HOLOD and HOLODILNIK. This fact was the reason for filing a lawsuit. The plaintiff stated that the disputed domain, although it does not coincide with the registered trademark, is so close to it that they can be confused.

    As you know, the transfer of rights to domains that coincide with the registered trademark is the responsibility of the Center for Arbitration and Mediation of the World Intellectual Property Organization. A businessNo. D2006-0612 at the suit of the trading house "Edil" was considered by an independent expert of the international center Irina Savelyeva.

    The copyright holders filed their claim with the international arbitration on May 17, 2006. The very next day, the lawyers turned to the registrar and received official confirmation of the identity of the domain owner - Anton Baranov. The disputed domain holodok.info was registered on January 27, 2005, after which the online refrigerator store was opened on it - a direct competitor to the Fridge store.

    After considering all the facts, Irina Savelyeva considered that there was a significant difference between the disputed domain and the registered trademark (suffix “ok”), and therefore there was no reason to transfer rights to the domain. Although the plaintiff stated that a competitor had specifically registered such a name and deliberately highlighted the suffix “ok” in color to enhance the similarity with the name of the more famous store, Irina Savelyeva decided otherwise and decided in favor of the defendant.

    It is interesting that another potentially controversial domain Holodok.com belongs to Ukrainian merchants and is registered specifically for the online store Holodok.com.ua , which sells air conditioners, heaters and other household appliances.