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Motorola, Inc. v. NewGate Internet

Case No. D2000-0079 (2000)

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Motorola, Inc. v. NewGate Internet

World Intellectual Property Organization Arbitration and Mediation Center
Case No. D2000-0079 (2000)

Facts

Motorola, Inc. (complainant) had used the registered trademark “TalkAbout” since 1981. Conner F. Ryan Company (Ryan), the predecessor in interest to NewGate Internet, Inc. (NewGate) (respondent), was a reseller of Motorola products and registered the domain name talkabout.com. Neither Ryan nor NewGate was authorized to use the “TalkAbout” trademark. In 1998, NewGate informed Motorola that it intended to use the talkabout.com domain name for an adult sex site. Motorola filed a complaint with the World Intellectual Property Organization’s Arbitration and Mediation Center, alleging that NewGate’s use of the domain name violated the Uniform Domain Name Dispute Resolution Policy because talkabout.com was identical to Motorola’s registered trademark and that NewGate had no rights or legitimate interest in the domain name.

Rule of Law

Issue

Holding and Reasoning (Hill, J.)

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