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Dial-A-Mattress Operating Corp. v. Moakley

World Intellectual Property Organization Arbitration and Mediation Center

Case No. D2005-0471 (2005)

Intellectual Property
Relevant factsFree

Dial-A-Mattress (plaintiff) had used and registered the mark 1-800-MATTRESS since 1988, and a former employee, Moakley (defendant), registered the confusingly similar domain 1-800mattress.com in 2000 without ever actually using it himself, apparently leaving it maintained only by a webhost.

IssueFree

Whether, under the World Intellectual Property Organization's Uniform Dispute Resolution Policy, a complainant may obtain a transfer of a domain name from a registrant if the domain name is identical or confusingly similar to the complainant's trademark, the registrant has no rights or legitimate interests in the domain name, and the registrant is using the domain name in bad faith.

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