Har fått mail från företrädare för Absolut Company i Sthlm avseende några av mina domäner, ABSOLUT.PM och ABSOLUT.SO
Vi får väl se var den här tvisten slutar, man kanske hamnar på Guantanamo:-)..
Email:
[email protected] Stockholm, January 16, 2013
Re: absolut.pm – Notification of Violation of Trademark rights
Dear Mr. XXXXX,
Melbourne IT represents The Absolut Company (hereinafter referred to as “Absolut”) with its registered address on
Årstaängsvagen 19 A, 117 97 Stockholm, Sweden.
It has come to the attention of Absolut that you are the holder of the domain name absolut.pm, of which is identical to the
registered trademark ABSOLUT, which is owned by Absolut. The trademark ABSOLUT has been registered in several
classes, in countries all over the world.
The trademark ABSOLUT has the character of a well-known trademark, across the world. The status of a well-known
trademark has been acquired by Absolut through (i) extensive and long-term use on products of Absolut and in connection
therewith and (ii) tremendous costs incurred by Absolut in connection with the production, distribution and advertising with
respect to the products that are marked by the trademark ABSOLUT. As a result, the trademark ABSOLUT and the products
designated by this trademark are connected with good reputation and international recognition.
According to the provisions of Article 6bis of the Paris Convention for the Protection of Industrial Property (“PC”) confirmed
and extended by Article 16.2 and Article 16.3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights
(“TRIPS Agreement”), the statute of a well-known trademark provides the owner of such a trademark with the right to prevent
any use of the well-known trademark or a confusingly similar denomination in connection with any products or services i.e.
regardless of the list of the products and services for which the trademark is registered.
By keeping the above-mentioned domain name registration you infringe on Absolut’s registered trademark rights in the name
ABSOLUT. Considering (i) the non-existence of any relationship between you and Absolut (ii) the absence of approval from
Absolut to you to use the trademark ABSOLUT, Absolut is prepared to take further actions in this matter. Absolut has been
successful in previous disputes recovering similar domain names, for example the WIPO case DNU2002-0001which
concerned the domain name absolut.nu.
Absolut would also like to point out that through the registration of the Domain Name you are bound by the AFNIC dispute
resolution which covers .PM registrations. In article V.I it is stated that a domain name may be subject to the AFNIC dispute
resolution process if the Domain Name infringe intellectual property rights or personal rights and Is identical or related to that
of the French Republic, of a local authority or group of local authorities, of an institution or a local or national public service.
The registration of the Domain Name is clearly in breach of this agreement.
My client would, however, like to solve this matter in an amicable manner. Absolut kindly requests you to transfer the domain
name to Absolut, and in the future, refrain from using any trademarks owned by Absolut without authorization. Absolut will be
of assistance in transferring the domain name and will reimburse the out of pocket expenses you have had for the domain
name.
Please contact me with a response within seven (7) days of receipt of this letter, at this e-mail address or via postal mail at
the address stated below. We look forward to your positive response to this letter. In the absence of any such positive
response Absolut reserves itself the right to take any legal action it deems necessary against you without further notice.
The foregoing is without prejudice to the rights or remedies of Absolut, all of which are expressly reserved. I look forward to
your reply.
Yours Sincerely,
On behalf of The Absolut Company
MIT Digital Brand Services
[email protected]
phone: +46 8 553 402 00
fax: +46 8 553 402 01