Federal Court rules against Toyota in domain case: Buy A Lexus.com; BuyorLeaseLexus.com

2010 July 11by MHB

During URDP are daily decided quite rare, a Federal Court decision with domain name and increasingly rare to find a court that rules in for the domain name holder, but, that just that in the case of TOYOTA MOTOR SALES USA, Inc. v. TABARI just randomly published a decision on Thursday by the ninth circuit for the United States Court of appeals.

In this case the car is a few brokers, beat, Toyota on appeal, that the right to a new procedure to whether you can regain your domain name and purchase a lexus.com buyorleaselexus.com and the most amazing thing about the case to win, did it without a lawyer.

Yes represent themselves against a global focus and won!

An appellate court is Federal Court decision, its quite a long time, but I think its worth for 15 minutes, which can take it, you get in-depth. Of course, I tried to reduce as much as possible.

But the discussion by the chief judge that is in the domain space, very interesting for all, and a lot of the language goes against a lot of what we read daily in UDRP decisions.

Here are the fact of this case as described by the Chief Judge of the Court:

"Farzad and Lisa Tabari are automatic broker."Contact authorized dealer, solicit bids, and arrange for customers from the dealer, which offer the best combination of location, to buy availability and price."

"Until recently the Tabaris offered this service to buy a lexus.com and buyorleaselexus.com."

"Toyota Motor Sales USA ("Toyota") is the exclusive distributor of Lexus vehicles in the United States and jealous guardian of the Lexus brand."

"A Toyota marketing executive testified during the trial that Toyota spends more than $ 250 million each year, the promotion of the brand Lexus.Die of Executive assessment"Lexus is a very prestigious luxury brand, and it is an indication of exclusive luxury experience."""No doubt true."

"" Toyota against the Tabaris used on your Web site of copyrighted photography of Lexus vehicles and the circular "L-icon design marks."Toyota took offense at the Tabaris using the string "Lexus" in their domain names, the it for "likely to cause confusion about the source believed the"

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