By Derek Iwasiuk
May 22, 2011
The American retailer of woman's wear,lingerie,shoes and beauty products,Victoria's Secret ,won the VictoriaSecretDiet.com domain name in arbitration.
The company submitted a complaint to the National Arbitration Forum,asserting legal rights over the disputed domain names .
Victoria's Secret owns many trademark registration for the "Victoria's Secret" mark.Therefore,they contended that the disputed domain name is confusingly similar to its trademark .Moreover,they contended that the respondent registered and used the disputed domain name in bad faith .
"The Domain Name resolves to a site promoting a diet plan, with links to third-party businesses for the Respondent's commercial benefit. This is not bona fide use as it is diverting traffic from the Complainant to a web site it does not own or authorise. The Respondent has, therefore, intentionally attempted to attract for commercial gain Internet users to the Respondent's web site or other on line location by creating a likelihood of confusion with the Complainant's mark."
The respondent consented to transfer the domain name to the complainant .Therefore,the Panel ordered the disputed domain name to be transferred from the respondent to the complainant .