2.9 PPC Links and Rights/Legitimate Interest
PPC links related to the subject matter of a domain name can demonstrate rights or legitimate interest in the domain name. Moreover, a Respondent has a right to register and use a domain name to attract Internet traffic based on the appeal of commonly used descriptive or dictionary terms, in the absence of circumstances indicating that the Respondent’s aim in registering the disputed domain name was to profit from and exploit the Complainant’s trademark.
Additional Information
Relevant Decisions
Royal Caribbean Cruises, Ltd. v. Anonymize, Inc. / Synergy Technologies, LLC, D2023-1708 <starofthesea.com>, 3-member, Denied, RDNH
Here, the PPC links on the website associated with the Disputed Domain Name – as shown in Complainant’s own exhibit – are unrelated to Complainant or Complainant’s trademarks and instead are solely related to the religious meaning of the phrase “Star of the Sea.” Accordingly, the Panel finds that Respondent has demonstrated that it has rights or legitimate interests in the Disputed Domain Name.
Hallmark Licensing, LLC and Hallmark Cards, Incorporated v. Privacy Administrator / Anonymize, Inc., Forum FA2104001941032 <mahogany.com>, 3-member, Denied
Complainant rests heavily upon the recent instance of a PPC page which contains links for “Best Prices on Hardwood Flooring” and “Entry Door”, terms which are clearly related to the meaning of the Domain Name. This constitutes bona fide use prior to notice of the dispute pursuant to Paragraph 4(c)(i) of the Policy.
iEnterprises, Holdings, LLC v. Private Domain, CAC-UDRP-103374 <icrm.com> (2020), 3-member, Denied
Previous panels have recognized that the use of a domain name to host a page comprising pay-per-click links would be permissible where the domain name consists of an actual dictionary word or phrase and is used to host pay-per-click links genuinely related to the dictionary meaning of the word(s) or phrase comprising the domain name, and not to trade off the complainant’s (or its competitor’s) trademark. The same obviously applies to domain names consisting of acronyms, like in the subject matter. In the instant case, the links associated with the disputed domain names mostly refer to the principal meaning of the acronym CRM, which usually stands for “Customer Relationship Management” (and related words such as “software”, “salesforce”, etc.). None of the pay-per-click links appearing on the parking page of the disputed domain name refer to the Complainant or to its competitors.
Digest Commentary
- Digest Vol. 3.41 <starofthesea.com>, Denied