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DISNEY Doesn’t Need Much Magic to Get 33 Domains

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In the recent domain name dispute decision of Disney Enterprises, Inc. v. Gu Bei FA1284140 (Nat. Arb. Forum October 31, 2009) a single member Panel was faced with a dispute over 33 domains. Disney needs no introduction and appears to have done its homework on going after so many domains at once. Disney maintains a web site at www.disney.com. Respondent failed to respond to the Complaint.

Paragraph 4(a) of the Policy requires that Complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and (2) Respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered and is being used in bad faith.

A list of the 33 domains is provided below:
<disneycaliforniaadventure.com>, <disaneychannle.com>, <disanychannle.com>, <disentchannel.com>, <disenychanne.com>, <diseychanell.com>, <disnecanl.com>, <disnenchannel.com>, <disneychaael.com>, <disneychanele.com>, <disneycruiselines.com>, <disneyemployment.com>, <disneyhcannel.com>, <disneyswan.com>, <disneyvacationpackage.com>, <disnneychannnel.com>, <disnycanal.com>, <disnypornland.com>, <dissne.com>, <disyneychannel.com>, <wwdisneychannel.com>, <waltdisneycruises.com>, <toondineyindia.com>, <toondinsy.com>, <toondisneygames.com>, <toondisniey.com>, <toondisnney.com>, <toondysney.com>, <tooondisney.com>, <playhousedisneey.com>, <playhousedisneychannelasia.com>, <plaayhousedisney.com>, and <freedisneyporn.com>

In addressing the elements, the Panel quickly reviewed the facts and applied what appears to be an expected result. Generally, the Panel found that Disney had hundreds of registrations for its family of DISNEY marks and that the domains were confusingly similar to these marks. Most of the domains were misspellings of the marks. The Panel found that Disney made a prima facie case, with the burden shifting to Respondent. Additionally, the Whois information provided no support that Respondent was commonly known by the disputed domains. The Panel found that Respondent was using the domains to display advertising links to third party web sites. The Panel made a finding that Respondent was engaged in typosquatting, causing a finding of no rights or legitimate interests. The Panel also relied on this to infer bad faith, although the Panel also relied on the click-through fees from the links.

This was a pretty standard case, but was worth a note since they were able to get a decision on 33 domains. Ultimately, the Panel ordered all domains be TRANSFERRED.

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One Response to “DISNEY Doesn’t Need Much Magic to Get 33 Domains”

  1. SUBLIME DIRECTORY Wins Domain Dispute Through the Czech Arbitration Court | Defend My Domain Says:

    […] Domain Dispute Complaint Contact Form « DISNEY Doesn’t Need Much Magic to Get 33 Domains […]

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