This entry was posted on Thursday, September 10th, 2009 at 6:06 pm and is filed under Brand Protection, Domain Disputes, Domain Names, Trademark Protection. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.
Safenames announced that it recently won a domain dispute for legendary poker player, Gus Hansen. Safenames, has successfully recovered the domain name, “gushansen.com”, for the three-time World Poker Tour champion, Gus Hansen, using the Uniform domain name Resolution Dispute Policy (UDRP). Although Hanson did not have a registered trademark on his personal name at the time of the filing, Safenames was able to demonstrate that the domain name was registered in bad faith. Safenames proved that the defendant infringed on Hansen’s common law mark, his famous personal name, because the domain was used in a manner that was publically recognizable to Mr. Hansen.
Working closely with Mr. Hansen’s representatives, the Safenames legal team filed the UDRP with the World Intellectual Property Organization (WIPO) in Geneva, Switzerland against Yevgen Kudashov. Safenames demonstrated that the registrant was effectively creating “confusion” with the public, profiting from and acting in bad faith in his registration of gushansen.com. And, that Mr. Kudashov went to great lengths in an attempt to fool the public into believing that he was actually Hansen by creating an email address that contained the Mr. Hansen’s nickname “Gus the Great Dane” which was used as the WHOIS administrative contact.
The WIPO Panellist found in favor of Gus Hansen, concluding that Mr. Kudashov, had no rights or legitimate interests in the domain and the name was registered and used in bad faith; ultimately ruling that the domain name should be transferred to Hansen, although the domain name was registered over five years ago by Kudashov.
For more information about domain disputes, please contact a Safenames online brand consultants at: