
Motorola has lost an attempt to wrest the domain motorazr.com from the current owners. A WIPO Administrative Panel determined that the domain wasn't registered in "Bad Faith," the third (and necessary) finding required for a claimant to prevail in such matters.
Put simply, the site contains an actual website with device profiles, galleries, discussion forums and the like, rendering Motorola's claim, that it was "expressly designed to misdirect readers into an advertising site," obvious balderdash.
At first look, it even seems as if Motorola didn't bother to read the rules on domain disputes, as it appears they thought that under the domain dispute resolution process, ownership of a trademark is a slam dunk even if the trademark was filed after the domain name was registered. Au Contraire. Indeed, proving the "registed in bad faith" part of the equation is becoming a common failing in such ill-considered domain swipes.
My suspicion, however, is Motorala simply stuck to arguments that will carry more weight in a different forum: they'll use the courts to get the domain. The domain dispute process and its rules are a preliminary irrelevance to them: as the ruling notes, they didn't even bother to substantiate their claims. To them, it's just a prelude to filing the expensive, energy-sapping trademark lawsuit with which they can more effectively crush the registrants.




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