German finance company failed to apply for ovb.com domain name

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The WIPO arbitration decision rejected a three-character domain name filed by a large financial company.

In the dispute over whether to apply for ovb.com domain names, the WIPO arbitration ruled that the German financial company, Cologne Ovb Vermögensberatung AG, could not register ovb.com domain names. The arbitrator considers it unclear whether the registration and use of the domain name is malicious.

Michele DiNoia, the company respondent, has failed in several domain name applications involving famous brand names. His ford-credit.com, datelinenbc.com, wwwautozone.com and many other domain name applications have been declared unsuccessful.

However, the arbitrator considers that there is no evidence that DiNoia registered this particular domain name in the name of Ovb Financial Corporation. In fact, Ovb points out, the parked domain name contains a link to a cutlery manufacturer called "Our Very best". In this way, "our Very best" tableware manufacturers may be able to use it as a basis, but the financial companies can not use it as a basis.

As the plaintiff said, Camillus Cutlery, one of the oldest prop manufacturers in the United States during the Second World War of 1900, produced the well-known cutlery products labeled OVB (the initials of our Very best). As early as 2002 Camillus restored the use of the OVB trademark, and on March 19, 2002 obtained OVB our VERY best trademark registration. Two months later, the defendant registered and started using the disputed domain name in May 2002, and added an advertising link to the tool and cutlery on its portal site. The Panel finds that this is unlikely to be a purely coincidental coincidence, especially given the previous decision that the accused had more than once targeted third party trademarks. However, if this is the case, then it appears that the defendant was registering the disputed trademark against Camillus Cutlery's trademark, not the plaintiff's.