Siebeke obtains transfer of Domain



In a proceeding before the WIPO Arbitration Center Siebeke successfully asserted claims to obtain the domain for her client Takko Fashion Holding, the claimant in the proceedings. The Domain was registered in 2001 for a US based company but has only been used to show links to other websites. The Panel has acknowledged the claimant’s reputation and followed her line of argument according to which the domain was registered in bad faith. In a dissenting vote a single Panelist pointed at the fact that the sign Takko was used as a first name in some countries of the world and that it was also the name of a town in Japan. However, this line argument was rejected by the majority of the Jurors since the respondent failed to show any link to this name, town or any other legitimate interest in the use of the sign. 

The decision extensively elaborates on the conditions for a transferral of an existing .com-domain and is therefore of relevance beyond the facts of the present case.