Complainant, Google Inc., brought a claim against Respondent, David Miller, disputing Respondent’s ownership of the <youtubex.com> domain name. YouTube, owned by Complainant, provides online video services through a website where users can download and share original videos. Respondent’s website at the <youtubex.com> domain name allowed Internet users to download videos from the YouTube service for personal use, which Complainant asserted was in direct violation of YouTube’s terms of use. Respondent argued that the website included a prominent disclaimer disassociating it from Complainant, and that its services work not in competition, but in conjunction, with Complainant’s services. Pursuant to Policy ¶ 4(a)(i), the Panel found that Complainant had established rights in the YOUTUBE mark through registration and continuous use of the mark, and that the <youtubex.com> domain name was identical to the YOUTUBE mark. The Panel next found that Respondent failed to establish rights or legitimate interests in the disputed domain name under Policy ¶ 4(a)(ii), because Respondent’s use of the <youtubex.com> domain name to redirect Internet users to its commercial website did not constitute a bona fide offering of goods or services or a legitimate noncommercial or fair use. Finally, the Panel found that Respondent was attempting to attract, for commercial gain, Internet users who would be confused as to Complainant’s affiliation with the <youtubex.com> domain name and Respondent’s corresponding website. The Panel was of the view that this indicated Respondent’s bad faith registration and use pursuant to Policy ¶ 4(b)(iv). The Panel further concluded that inclusion of a disclaimer did not mitigate bad faith registration and use by Respondent under Policy ¶ 4(a)(iii). Thus, the Panel ordered that the <youtubex.com> domain name be transferred from Respondent to Complainant. , FA 1067791 (Nat. Arb. Forum Oct. 24, 2007).
The above statement is originally from http://www.domain-disputes.com/
