Big names may not prevail in domain disputes
Looking at UDRP and the success of small firms, this article looks at how sometimes they can win. Two cases are examined – wargames.com and pig.com. In both cases they “bucked the trend” of large company/trademark holders winning their domain names. In the former, the arbitration panel found the registrant used the domain name first for pay-per-click advertising and then as an online store to sell military simulation war games. The panel found there was a bonafide offering of goods. In the latter, the panel did not find that the domain name was registered to take advantage of the claimant, New Pig’s trademark. Instead, it was used to display pay-per-click links related to the generic term “pig.” The panel found that Pig.com was registered in good faith based on the dictionary meaning of the word “pig.”
http://news.com.com/2010-1030_3-6160795.html