Microsoft Wins Key Domain Disputes, Strengthens Control Over Xbox Branding
Sep/05/2024In two recent WIPO domain name dispute rulings, Microsoft Corporation successfully secured the transfer of the domains `<xboxgaming.com>` and `<xboxgamer.com>`, arguing both were confusingly similar to its "XBOX" trademark. In the case against Nidal Elkadri, the panel concluded that the respondent had no legitimate rights to the domain and had acted in bad faith by using the site for commercial gain through third-party links. Similarly, in the dispute with Park Taewon, the panel found that despite the respondent’s claims of a legitimate purchase, the passive holding of the domain, given the strong recognition of Microsoft's trademark, suggested bad faith intent. These decisions highlight Microsoft's dominant presence in this space, where 30.4% of `<xboxgaming>` and `<xboxgamer>` domains are active, and 71.4% of those are controlled by Microsoft. The remaining domains are parked and not available for sale, reflecting a broader trend seen across various generic and country-code top-level domains, as illustrated in the accompanying chart.