Anthony Fox of Tennessee, USA registered Netlix.com to launch the website for his web hosting service company called Netlix Inc. Little did he know that the DVD giant, now famous for dethroning Blockbuster Video would file a complaint of cybersquatting against him.

The argument is that the name netlix.com is confusingly similar to netflix.com, but as with all such cases, they also had to prove that Fox did not have a legitimate right or interest in the domain and that he registered it in bad faith. Fox registered the domain back in 1999 and kept it, although his company is apparently no longer around. Netflix argued that he was now only using it as an advertising portal.

Unlike most cases denial cases, where the panel finds that there was no bad faith, this one was decided by the first clause. Netlix.com, the panel decided, is not confusingly similar to Netflix.com because of the missing “f” and no evidence that it would confuse customers. Furthermore, the panel ruled against Netflix on the latter two clauses since Fox had used the domain for business in the past and had a long connection with it.

Source: UDRPSearch
Photo: Flickr

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