A Domain Name Fashion Faux Pas

Complainant has trademark rights to the mark "JACK&JONES" in the European community, for fashion clothing and certain accessories.  Complainant operates a website under the domain name "jackandjones.dk", which displays pictures of the clothing sold under the "JACK&JONES" trademark.

In this classic case of cybersquatting, Respondent registered the domain name "jackandjones.com", which linked to websites offering fashion goods of third parties and other content.  While the two names "jack" and "jones" are common, the Panel found that their combination as "jackandjones" is not and nor is their use for fashion goods.  The fact that the disputed domain name "jackandjones.com" linked to another website allowing users to make Internet searches for websites displaying other fashion brands was held to be evidence that Respondent was trying to create a risk of confusion with Complainant's trademark and website.  Further, it showed that Respondent used the domain name for the purpose of attracting web traffic intended for the website of Complainant, but directing such web traffic to websites offering fashion goods of third parties.  Holding that Respondent's use of a confusingly similar trademark is liable to exploit Complainant's trademark "JACK&JONES", the Panel ordered transfer of the disputed domain name.  Aktieselskabet af 21. November 2001 v. Domains By Proxy, Inc./John Fox, WIPO Case No. D2007-1623