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Home | News | Toy giant Mattel loses UDRP case
Toy giant Mattel loses UDRP case
Thursday, 31 March 2005Toy manufacturer Mattel has lost a Uniform Domain Name Dispute Resolution Policy complaint that it brought against an individual, Gopi Mattel.
The complainant, Mattel argued that respondent, Mr Mattels domain name, mattel.org, improperly incorporated its Mattel trademark and claimed that Gopi Mattel had no legitimate right or use of the mark. The complainant also suggested that Mr Mattel purposefully changed his name from Muthyal to Mattel precisely so that he could capitalise on the mark. The respondent claimed that Mattel waited too long to complain (almost four years) after he obtained the mattel.org domain name, USA Today reports. He also proved that he changed his surname in 1996, when he naturalised as a US citizen - five years before he registered the domain name and demonstrated that his certificate of naturalisation, his driver's license and other supporting documents reflected that he has gone by the Mattel name consistently. Mr Mattel further argued that he had not improperly sought to sell the domain name or to disrupt Mattel's business.
The National Arbitration Forum (NAF) panel ruled in favour of Gopi Mattel, though it found that the complainant has trademark rights in the mark Mattel and the domain name included that identical mark. The panel stated that Mr Mattel had valid rights in his own surname, even though he changed to that surname later in life. The panel concluded that the complainant had failed to meet its burden to prove all elements of the UDRP and subsequently the requested transfer of mattel.org was denied.
The complainant, Mattel argued that respondent, Mr Mattels domain name, mattel.org, improperly incorporated its Mattel trademark and claimed that Gopi Mattel had no legitimate right or use of the mark. The complainant also suggested that Mr Mattel purposefully changed his name from Muthyal to Mattel precisely so that he could capitalise on the mark. The respondent claimed that Mattel waited too long to complain (almost four years) after he obtained the mattel.org domain name, USA Today reports. He also proved that he changed his surname in 1996, when he naturalised as a US citizen - five years before he registered the domain name and demonstrated that his certificate of naturalisation, his driver's license and other supporting documents reflected that he has gone by the Mattel name consistently. Mr Mattel further argued that he had not improperly sought to sell the domain name or to disrupt Mattel's business.
The National Arbitration Forum (NAF) panel ruled in favour of Gopi Mattel, though it found that the complainant has trademark rights in the mark Mattel and the domain name included that identical mark. The panel stated that Mr Mattel had valid rights in his own surname, even though he changed to that surname later in life. The panel concluded that the complainant had failed to meet its burden to prove all elements of the UDRP and subsequently the requested transfer of mattel.org was denied.