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Recent Case Notes & Commentary

Generic or Descriptive Domain Names - No Bad Faith

The claim for a domain name sometimes concerns a generic or descriptive term, such as Body Magic, the expression that was at issue in the recent case Miles-Bramwell Executive Services Limited v. Gath Piesse, WIPO Case, No. D2017-0431. The domain name in that case was <> and the Complainant had the trademark BODY MAGIC.

The Panel (a panel of three, unanimous) decided that the expression was generic or descriptive, that a Google search did not bring up the Complainant or its BODY MAGIC line of goods, many other businesses used the same expression, the Respondent had a business of registering domain names including the word “body” and that these features tended to show the Respondent was not aware of the Complainant or its trademark. Consequently, bad faith registration had not been made out and the claim failed. (Decision 30 May 2017)

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