Recently, a panel at the World Intellectual Property Organization (WIPO) granted Research in Motion 101 disputed domain names. In Research in Motion Limited v. Georges Elias, WIPO Case No. D2009-0218, the Complainant is Research in Motion, the owner of the registered marks for BLACKBERRY (U.S. and Canada) and BERRY(Hong Kong). Respondent is Georges Elias, who registered the disputed 111 domain names with GoDaddy.com.
The panel applied the following test :
- The domain names are identical or confusingly similar to a trademark in which the Complainant has rights;
- The Respondent has no rights or legitimate interests in respect of the domain names; and
- The domain names have been registered and are being used in bad faith.
After discussing the findings, the panel ordered 101 domain names to be transferred to Research in Motion. Those included creative names like: obamaberry.com, blackberrito.com, and blackberrychic.com.
The panel, however, denied the transfer of 10 domain names: berrymom.com, berrydelsol.com, iqberry.com, berryverde.com, verdeberry.com, berrynegro.com, hisberry.com, mommyberry.com, sheberry.com, and copberry.com.