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Barbie has been a global cultural icon since its introduction by Mattel in 1959. As an icon of fashion and beauty, Barbie has been criticized for promoting unrealistic aesthetic standards while shaping femininity. Barbie's brand value and
Barbie has been a global cultural icon since its introduction by Mattel in 1959. As an icon of fashion and beauty, Barbie has been criticized for promoting unrealistic aesthetic standards while shaping femininity. Barbie's brand value and global popularity is undeniable, especially its internationally recognized Barbie logo.
I. Controversial Events
Recently, the domain name “Barbie.ai” was listed for sale in the domain name market as “Make Offer”, which triggered a dispute over Mattel's interest in the domain name. Mattel, through its legal team, immediately filed a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint against the domain name, requesting that the domain name be transferred to its name.
ii. complaint and judgment
In this dispute, the Respondent, Michael Fournier, failed to file a response, which resulted in a disruption in the progress of the dispute adjudication process. Based on the findings of the Forum's Panel of Experts, it is clear that when the Respondent registered the domain name “Barbie.ai” on March 10, 2020, he had explicit knowledge of the well-known trademark “BARBIE” held by Mattel.
The Panel notes that the registration of the domain name demonstrates Respondent's knowledge of Mattel's mark and that the domain name is being sold directly for the express purpose of profiting from the reputation of the Barbie mark. Mattel has owned the trademark “BARBIE” for 60 years and enjoys wide recognition and reputation worldwide. The Respondent has failed to provide a valid reason or legitimate interest for the registration of the domain name, which indicates that the registration was made in bad faith.
Process
The Complaint in this case was filed on July 31, 2024 and NameCheap, Inc. confirmed the registration of the domain name and indicated that Respondent was the current registrant. The Forum sent notice of the Complaint to the Respondent by email and postal mail and requested a response by August 20, 2024. As no response was received, on August 21, 2024, the Forum appointed Nicholas JT Smith to the Single Panel as requested.
IV. Final Determination
After reviewing all of the documents and evidence submitted, the Panel confirms that the Complainant has satisfied the three elements required by ICANN's policy:
1. the domain name registered by the Respondent is identical or similar to a trademark owned by the Complainant to the extent that it is likely to cause confusion.
2. The Respondent has no rights or legitimate interests in the domain name.
3. the Respondent has registered and used the domain name in bad faith.
Accordingly, the Panel determines that the domain name “Barbie.ai” should be transferred from the Respondent to Mattel. This decision reflects the protection of trademark rights and the deterrence of bad faith registrations.
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