Domain Dysfunction. . .

In this WIPO proceeding, the Complainant is one of the world's largest pharmaceutical manufacturers and sellers, maintaining operations in more than 150 countries and owning the well-known registered trademark VIAGRA. The Respondent registered, without authorization, the domain name "viagraoysters", linking to a website inviting customers to invest in an oyster growing venture, describing the development of oysters through the provision of Viagra and containing for-profit links to other commercial goods and services.

One key message of the website appeared to have been that the combination of Viagra and oysters could increase the likelihood of a more effective remedy for erectile dysfunction. Ordering the transfer of the domain to the Complainant, the panel held that the Respondent appeared to have used a well-known name which it knew was the subject of a registered trademark to attract visitors to its site with a view to persuading them to invest in his business venture, having nothing to do with the owners of the mark. However, in choosing that mark as the key part of the domain name, the Respondent sought to make people interested in the Complainant's products look at the website to which the disputed domain name resolved, constituting both registration and use in bad faith.

Pfizer Inc. v. Noblemay, George May, WIPO Case No. D2007-1025