Par for the Domain Name Course

Complainant is a wholly-owned subsidiary of Yamaha Motor Co., Ltd and owns several trademark registrations for the mark "YAMAHA".  The first of such registrations expressly includes "golf carts and structural parts therefore" in the specification of goods.  Complainant also owns the domain names "yamaha-motor.com" and "yamahagolfcar.com".

Respondent, a well-known cybersquatter, was the registrant of the disputed domain name "yamahagolfcars".  Prior to initiating WIPO proceedings against Respondent, Complainant sent a letter to the registrant of the disputed domain, asserting its rights and demanding transfer.  The disputed domain name was subsequently transferred to another registrant. Complainant sent a second, similar letter to the second registrant, with the same results. Four registrants later, Complainant initiated WIPO proceedings against the current Respondent.

Respondent failed to respond to the complaint.  The Panel recognized that the trademark YAMAHA is a widely known trademark and that a domain name is to be considered confusingly similar to the registered trademark when a respondent merely adds generic or descriptive terms to an otherwise distinctive and famous trademark.  In addition thereto, the Panel found a lack of rights or legitimate interest of the Respondent in the disputed domain since Respondent's website only showed a "link farm" which hosts a list of sponsored links and does not present any business run by Respondent.  Taking into consideration all of these factors, as well as the fact that the Respondent is a habitual cybersquatter and clearly intended to earn profit from the confusion created in Internet users having an interest in Complainant's activities, the Panel ordered transfer of the disputed domain name to Complainant.  Yamaha Motor Corporation, USA v. Gioacchino Zerbo, WIPO Case No. D2007-1879.