Nominative fair use
Can a reseller use a manufacturer's trademark in a domain name?
Yes, under conditions set out in Oki Data Americas, Inc. v. ASD, Inc., D2001-0903 (WIPO, 2001): the reseller must actually sell the genuine goods, the site must sell only those goods, it must accurately disclose the relationship with the trademark owner, and it must not corner the market in domains using that mark.
Cases that establish this
- Oki Data Americas, Inc. v. ASD, Inc.
- Case
- WIPO D2001-0903, 2001
- Domain
- okidataparts.com
- Outcome
- Complaint denied
- Milwaukee Electric Tool Corporation v. Bay Verte Machinery, Inc.
- Case
- WIPO D2002-0774, 2002
- Domain
- milwaukeetool.com
- Outcome
- Complaint denied
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