GENEVA — MojoHost scored a victory in its most recent trademark protection WIPO claim, where they alleged that a competing company "Mojo Impact Web Services" had registered multiple, confusingly similar domain names in bad faith.
The World Intellectual Property Organization (WIPO) agreed in its written decision on Friday.
The disputed domains were registered between August 26 and September 9, 2020. The trademark claim was filed on October 14, 2020. MojoHost’s claim alleged that "the disputed domain names resolve to websites that offer internet hosting services that are substantially similar to and in direct competition with the Complainant's services."
The respondent did not file a formal reply, but sent two email communications apparently conceding ownership to MojoHost stating:
"I have cancelled <mojoimpacthosting.com> and have requested [the domain registrar] to cancel <mojoimpactwebhosting.com>. I release any and all claims to these domains."
The WIPO Panel ordered "that the Disputed Domain Names <mojoimpacthosting.com> and <mojoimpactwebhosting.com> be transferred to the Complainant."
WIPO Trademark cases follow specific rules and guidelines in determining ownership in such disputes. "Where a domain name incorporates the entirety of a trademark, or where at least a dominant feature of the relevant mark is recognizable in the domain name," noted a Mojohost rep, "the domain name will normally be considered confusingly similar to that mark for purposes of UDRP standing."
This would pertain to domains including the words "mojo" and "host" such as that found in "mojoimpacthosting.com"
Another Win for Silverstein Legal
Silverstein Legal represented MojoHost, who earlier this year also filed a federal lawsuit against MageMojo, LLC in the United States Eastern District of Michigan Southern Division. Simultaneously, a WIPO dispute was also filed against MageMojo, LLC.
“MojoHost’s days of hoping and giving the benefit of the doubt that people will respect its intellectual property are over. Anybody who attempts to violate a MojoHost trademark will be pursued,” said attorney Corey D. Silverstein.
“The MojoHost brand has an enormous amount of goodwill attached to it, and unfortunately, that makes it attractive to infringers looking to make a quick buck," Silverstein continued. "As [CEO] Brad [Mitchell] would say, that is not good mojo. Earlier this week my office commenced more new action against MojoHost trademark infringers and there will be more."
