Mancini's Sleepworld is a SF bay area retailer for over 36 years. Years ago someone registered the domain name "mancinissleepworld.com" and it has changed hands several times finally landing with LAKSH INTERNET SOLUTIONS PRIVATE LIMITED of Mumbai, India. No one has ever attempted to sell the domain to Mancini's, and the site at the domain is a portal advertising competitors of Mancini's.
These facts were brought to WIPO in a complaint, after much wrestling over legalese, a complaint was filed and $1500 given to WIPO to arbitrate the case. Laksh never even bothered to respond to the complaint, obviously knowing it didn't have a leg to stand on.
The findings are summarized in the following:
"The Domain Name is connected to what appears to be a directory website featuring advertising links, most of which are specific to the Complainant’s claimed area of business. One of them is labeled ‘Mancinis Sleep World’ and another is labeled ‘Mancinissleepworld’..."Laksh's site is a portal scam site pointing folks to other sites. The WIPO agrees.
"There is no question but that the Domain Name (absent the generic domain suffix) is identical to Mancini’s Sleepworld, the name in respect of which the Complainant claims common law rights..."
Mancini's owns the common law rights to Mancini's Sleepworld (duh.) Sounds good, yes? Keep reading...
"In these circumstances, the Panel finds that the Complainant has failed to prove that the Domain Name is identical or confusingly similar to a trade mark or service mark in which the Complainant has rights, and for this reason the Complaint must fail... For all the foregoing reasons, the Complaint is denied."
You already admitted that it was, and now you're changing your mind? You got Mancini's $1500 and you're not going to do a darn thing. Nice work if you can get it.
It's a scam folks. WIPO is a scam that takes your money and does nothing. Of course, since WIPO is run by the UN, what should we expect?
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