Domain Forum of CHINA

Full Version: WTF? UDRP Panel Finds OBSS.com is Confusingly Similar To TM
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WEDNESDAY,3 JUNE 2015 The Domains
According to the news from Domain Forum of China on June 3rd,a one member UDRP panel, just rejected the attempt of OBSS Bilisim Bilgisayar Hizmetleri Danismanlik Sanayi Ve Ticaret Limited Sirketi (yes that is the company’s name) of Istanbul, Turkey to grab the domain name OBSS.com

OBSS.com was registered on August 5, 2003, the trademark was registered in 2012.

So the Complaint was dismissed by the panelist.

The only noteworthy part about the UDRP decision is that one member panel of Kaya Köklü found that the domain OBSS.com is confusingly similar to the trademark of the Complainant OBSS BUSINESS SOFTWARE SOLUTIONS trademark of the Complainant.

“”The Panel confirms that the Complainant has satisfied the threshold requirement of having relevant trademark rights. As evidenced in the Complaint, the Complainant has been using the figurative “OBSS OPEN BUSINESS SOFTWARE SOLUTIONS” trademark since 2012. The Panel further notes that the Complainant may hold rights in its company name since 2005. Since then, the Complainant has used the distinctive part of its trademark, “OBSS”, as part of its company name.

The disputed domain name is confusingly similar to the Complainant’s OBSS BUSINESS SOFTWARE SOLUTIONS trademark as it incorporates the distinctive part of the mark, namely “OBSS”, in its entirety.

Really? How about Open.com or software.com or solutions.com or softwaresolutions.com or opensoftware.com this panelist would seem to find each of these generic terms would be confusingly similar to the trademark of OBSS BUSINESS SOFTWARE SOLUTIONS.

Ridiculous .