CircuitCity.com Inc. v. Andersen Ferreira Braga (Case No. D2012-0055)
Mar 07, 2012OUTCOME: Decision in favor of Complainant - Disputed domain name transferred to Complainant.
In CircuitCity.com Inc. v. Andersen Ferreira Braga (Case No. D2012-0055), an action was filed by Mr. Christian Fong, on behalf of CircuitCity.com Inc., a subsidiary of global online retailer Systemax I ... nc. (the “Complainant”) to protect and enforce their intellectual property rights. The matter involved a domain name dispute over the ownership and use of the domain name <circuitcitybrasil.com>, registered to an individual located in Rio de Janeiro, Brazil (the “Respondent”). On behalf of CircuitCity.com Inc./Systemax Inc., a complaint was filed on January 12, 2012 with the World Intellectual Property Organization (“WIPO”) pursuant to the Uniform Domain Name Dispute Resolution Policy (“UDRP”). CircuitCity.com Inc./Systemax Inc. owned various trademarks for CIRCUIT CITY and had never authorized, or licensed, the Respondent to use any of its trademarks. Mr. Fong successfully proved that the disputed domain name registered by the Respondent was confusingly similar to the trademarks owned by Complainant, that the Respondent had no rights or legitimate interests in respect of the disputed domain name, and that the disputed domain name had been registered and was being used in bad faith. The Respondent had created a website and was using the disputed domain name for commercial purposes (i.e. to advertise and sell the same or similar products sold by the Complainant) to mislead and divert customers from the Complainant’s website (circuitcity.com) and to profit from the use of the Complainant’s Trademarks and brand names. On March 7, 2012, WIPO ordered that the disputed domain name, <circuitcitybrasil.com>, be transferred to the Complainant. The full text of the decision can be found at http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-0055.
