An Australian company specializing in male strippers has once again faced a ruling of reverse domain name hijacking, marking the second such incident in its history. The World Intellectual Property Organization (WIPO) panel found that Magic Men Holdings Pty Ltd attempted to unjustly secure the domain MagicMen.com in a previous case. Most recently, it has been ruled against their attempt to claim the domain MagicMenLive.com, which is owned by a U.S. company offering similar services.
The U.S. company had previously held registered trademarks for "Magic Men" and demonstrated that its use of the name predates the establishment of the Australian company. Evidence showed that the two businesses had communicated previously, wherein the Australian company made an offer to purchase the U.S. company’s domain name and intellectual property.
In the assessment, panelist Nick J. Gardner highlighted the amicable relationship between the parties, noting that they have coexisted in the market despite having nearly identical business names in different geographical regions—Australia and the U.S. He acknowledged that the shared similarity in names could lead to confusion online, but deemed it unlikely that customers would be misled between the two businesses, given their distinct locations in live entertainment.
The panel also pointed out that the Australian company had not disclosed the complete context of their relationship in the complaint, questioning the accuracy of their stated information. Overall, the ruling underscored the challenges faced by businesses in navigating trademark and domain claims, particularly in cases involving similar market entities.
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