“We’ve devoted years of time and resources toward establishing our brand,” said Eddie Arenas, Naughty America’s CEO and president. “We have to protect it.”
The complaint, filed with the WIPO Arbitration and Mediation Center July 7, claimed the defendant’s intentional misspellings of the Naughty American trademark were intended to misdirect Internet users who misspell or mistype the words of Naughty America’s trademark.
The WIPO Panel concluded that defendant Above.com Domain Privacy / Transure Enterprise Ltd, intentionally misspelled the domain names of the well-known Naughty American trademark.
Those domain names included NatghtyAmerica.com, NaughtyAmeriaca.com, NaughtyAmerixa.com, NaughtyAmeroca.com, NaughtyArmerica.com, NauhhtyAmerica.com, NauthtyAmerica.com, NnaughtyAmerica.com and NuughtyAmerica.com.
The finding said the fact that the respondent registered no less than nine domain names almost identical to the complainant’s trademark is a clear indication of the respondent’s knowledge of the complainant’s trademark rights.
“The panel finds that all the disputed domain names are capable of creating likelihood of confusion as to the complaintant’s affiliation with the disputed domain names and corresponding websites and that this likelihood of confusion is deliberately created by the respondents — thus acting in bad faith,” the finding said.
“We will continue our campaign to protect our brand,” Arenas said, “And target those who steal Naughty America’s intellectual property.”
