PopularT-Shirt.com domain name ordered transferred in UDRP dispute

Recently, there has been a clear case of bad faith use of a trademark in the domain name industry. the generic domain name PopularT-Shirt.com recently lost a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding and was awarded a transfer to the complainant, Popular, Inc. The underlying cause of this dispute was the domain name's use of a logo containing the Complainant's trademark, which was unauthorized.

Summary of the Case

The Complainant, Popular, Inc. is a U.S. company engaged in the provision of banking services and is the owner of a number of registered trademarks, including "POPULAR" and its associated designs. The company conducts its business primarily through its official website "www.popularbank.com". The disputed domain name PopularT-Shirt.com is registered and used in connection with a website that sells T-shirts and unauthorized reproductions of the Complainant's trademarks and logos.

PopularT-Shirt.com website

Popularbank.com website

Cause of Dispute

Popular, Inc. claims that although "Popular T-Shirt" appears to be a generic domain name, the Respondent's actions constitute an infringement of its trademark rights. The Respondent has registered a domain name that includes the Complainant's trademark and appends the word "t-shirt" in an attempt to mislead consumers by imitating the Complainant's brand. The Complainant argues that the use of the domain name and the design of the website are intended to confuse the public by misappropriating the trademark and thereby obtaining an undue advantage.

Outcome of the Decision

After examination, the WIPO Panel found that the disputed domain name is so similar to the Complainant's trademark "POPULAR" that it is likely to cause confusion. The Panel found that, although the word "t-shirt" was added to the domain name, this addition was not sufficient to eliminate confusion.

In addition, the Panel finds that the Respondent has failed to demonstrate that it has a legitimate right or interest in the disputed domain name and has failed to effectively rebut the evidence presented by the Complainant. The Respondent's failure to engage in a defense and the fact that the content of its website clearly plagiarizes the Complainant's trademark and logo further aggravates the suspicion of bad faith use.

Ultimately, the Panel decides to transfer the domain name PopularT-Shirt.com to the Complainant, Popular, Inc. This decision confirms that trademark infringements face severe legal consequences in domain name dispute resolution.