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Dial-A-Mattress Operating Corp. v. Moakley

World Intellectual Property Organization Arbitration and Mediation Center
Case No. D2005-0471 (2005)


Beginning in 1988, Dial-A-Mattress Operating Corporation (plaintiff) used the phone number 1-800-MATTRESS to sell its products. Dial-A-Mattress owned the service mark for 1-800-MATTRESS and also used the domain name mattress.com to sell its products. Beginning in 1994, Dial-A-Mattress used the trade name 1-800-MATTRESS. In 2000, Christopher Moakley (defendant), a former Dial-A-Mattress employee registered the domain name 1-800mattress.com. Moakley did not actually use the domain name, which was apparently maintained by the webhost. Dial-A-Mattress filed a complaint with the World Intellectual Property Organization, requesting that Moakley be ordered to transfer the domain name.

Rule of Law


Holding and Reasoning (Towns, J.)

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