Oracle Wins Domain Dispute for Domain Orracle.com
On April 11 the well-known computer technology company Oracle won a WIPO (World Intellectual Property Organization’s Arbitration and Media Center) domain dispute for the domain Orracle.com.
The domain Orracle.com had been registered by Jyoti Mehta, an indian citizen. According to Oracle the domain was confusingly similar to its trademark for the term “Oracle” ( live since 2004 ), it was registered in bad faith, and Metha has no rights or legitimate interests in it.
The respondent did not bother to reply to these claims.
The sole panellist in the dispute was Georfe Souter. Souter found that the generic top-level domain “.com” was “irrelevant” when assessing the disputed domain name’s similarity to the trademark and that the disputed domain incorporates the complainant’s trademark in its entirety.
The mere addition of a descriptive or non-distinctive element to a trademark in which a complainant has rights is insufficient to avoid a finding of confusing similarity. In the circumstances of the present case, ‘orracle’ is, in the panel’s opinion, clearly a non-distinctive variation of the complainant’s trademark – Georfe Souter
Souter concluded that the respondent had no rights or interests in the domain and that it was registered in bad faith.