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Pfizer, Inc. v. Martin Marketing

WIPO Arbitration and Mediation Center
Case No. D2002-0793 (2002)

Written by Jody Stuart, JD

Facts

In 1998 Pfizer, Inc. (plaintiff) registered the term Viagra as a United States trademark for a compound for treating erectile dysfunction. Pfizer registered the trademark throughout the world. Pfizer used the Viagra mark in connection with NASCAR, a third-party trademark, for Viagra-advertising purposes. Pfizer disputed the domain name viagra-nascar.com, registered in 2001 by Martin Marketing (Martin) (defendant). Martin registered and used viagra-nascar.com to direct internet users to a website that sold goods and services unconnected with Pfizer. Martin’s website also offered Viagra for sale and displayed Viagra NASCAR in large type as the home-page heading. At the bottom of certain webpages, the website included a small-typeface disclaimer of association with Pfizer. The Uniform Domain Name Dispute Resolution Policy (the policy) addressed the resolution of disputes regarding allegations of abusive domain-name registration and use.

Rule of Law

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Issue

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Holding and Reasoning (Abbott, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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