Designer Skin LLC v. S & L Vitamins, Inc., et al.
IMDb, Inc. v. Seventh Summit Ventures
Claim No. FA0503000436735 (NAF April 25, 2005)
In this domain name dispute brought under the Uniform Domain Name Dispute Resolution Policy ("UDRP"), the Panel rejects complainant IMDb's claim that Seven Summit Venture's registration and use of the domain name Indb.com runs afoul of complainant's rights under the UDRP. The Panel reached this result because the domain name Indb.com is neither identical nor sufficiently similar to complainant's mark to entitle complainant to relief.
Complainant IMDb, Inc. operates the Internet Movie Database at the domain Imdb.com. One of the web's most popular sites, Imdb's database contains extensive information about movies. Complainant has been using the Imdb mark in connection with its operations since in or about 1995. It obtained a US trademark registration for its mark in or about 2000.
Respondent registered the domain Indb.com in August 1997. Described by the panel as a "cybersquatter" it presently operates a website at the indb.com domain which contains advertisements for various products which ads can be reviewed via a search engine. On opening the site, a user will initially see ads for DVRs. Subsequent searches for additional items will reveal additional ads for those items. Respondent did not reply to IMDb's complaint.
Nonetheless, the Panel refused to grant IMDb relief under the UDRP. To be entitled to such relief, a complainant must make a three part showing:
The Panel held that IMDb did not show that respondent was using a domain identical or confusingly similar to that of IMDb, and hence denied relief. Importantly, the one letter difference between the two domains, Imdb.com and indb.com, was sufficient in the context of these domains to prevent such confusion. Said the panel: