Netflix wins domain name battle: Squid-Game.io attribution clarified

Industry Information 25 Nov 2024 02:18:00 PM By:DN platform editor
Abstract:

With the second season of Netflix's phenomenal series “Squid Game” set to launch on December 26, 2024, the controversy surrounding its brand is festering hotly. Recently, Netflix successfully defended its brand rights by recovering the

With the second season of Netflix's phenomenal series “Squid Game” set to launch on December 26, 2024, the controversy surrounding its brand is festering hotly. Recently, Netflix successfully defended its brand rights by recovering the domain name Squid-Game.io from a Russian registrant through the Domain Name Dispute Resolution Mechanism (UDRP). This case highlights Netflix's determination to protect its IP and demonstrates the practical application of trademark law in the digital realm.

Netflix wins domain name battle: Squid-Game.io attribution clarified

Background

The Squid-Game.io domain name was registered on September 29, 2021, only shortly after the first season of Squid Game aired. The domain name allegedly resolved to a website associated with episodes of Netflix's Squid Game, offering online mini-games with extensive references to episode content, visual elements, and trademarked information. While the site claimed that the games were free, its data privacy terms indicated that the site operator was profiting from placing ads and collecting user data.

Netflix argued that this behavior not only violated its trademark rights, but also misled consumers and created a false sense of association. As a result, the company filed a complaint on October 3, 2024 with the World Intellectual Property Organization (WIPO).

Focus of the Dispute

Under the .IO Domain Name Dispute Resolution Policy (the “Policy”), Netflix is required to prove three things:

1. The domain name is identical or confusingly similar to its trademark:

Netflix presented several trademark registrations as evidence of its rights to “SQUID GAME”. The Panel finds that Squid-Game.io is semantically and visually similar to Netflix's trademark, and in particular that the hyphen and .io suffix in the domain name do not materially affect the recognizability of the trademark.

2. Respondent has no rights or legitimate interests in the Domain Name:

Respondent has failed to provide evidence that it has any legitimate interest in the name “SQUID GAME”. In addition, the domain name is being used for content directly related to Netflix episodes and not for original or non-commercial use. Such use is clearly not authorized or justified by Netflix.

3. The Domain Name was registered and utilized in bad faith:

The Panel finds that the Respondent has taken advantage of the popularity of Netflix episodes to attract traffic and profit by imitating the trademark and content. Such behavior is a classic case of registration and use in bad faith.

Final Decision and Revelations

In the absence of a response filed by the Respondent, WIPO found in favor of Netflix and ordered the transfer of the Squid-Game.io domain name to Netflix.

This case demonstrates the legal weapons available to top brands in protecting their intellectual property rights, and also warns domain name squatters that they will face legal penalties for exploiting a well-known brand for their own gain. With the development of the digital economy, companies need to pay more attention to the integrity of their online brands and actively use legal means to protect their rights and interests when necessary.

For Netflix, taking back Squid-Game.io is just one important step in fully protecting one of the world's largest brands. With the end of the third season of Squid-Game just around the corner, the company is likely to monitor any infringements even more closely to ensure that brand value is maximized.

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Netflix wins domain name battle: Squid-Game.io attribution clarified