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A French nursing home operator thought these domains were targeting it. I doubt it.
Sex and massages at nursing homes? That makes for a curious targeting claim in two recent UDRP cases, which were decided differently.
Korian, a French nursing and retirement home operator, filed cybersquatting claims against KorianSex .com and KorianMassage .com.
At first glance, it would seem that these sites were targeting typos of Korean. A lot more people are searching for “Korean Sex” than sex at nursing homes, one would presume.
Indeed, that’s what the owner of KorianSex .com argued to defend the UDRP. The owner acquired the domain as part of an adult domain portfolio. The three-person panel found in the Respondent’s favor.
The owner of KorianMassage .com did not respond to the dispute. The Complainant provided evidence that pay-per-click links on the domain include various services offered to the elderly that compete with the Complainant. (When I visit the page, I only see links related to massage. Visitors in France might see something else.)
Still, I find this conclusion by the solo panelist a bit odd:
It is clear to the Panel that the Respondent has in all probability registered the disputed domain name with the purpose of taking advantage of the Complainant’s mark.
The Panel finds that the disputed domain name was likely registered to mislead consumers – hence the addition of the term “massage”. Further, the additional terms can surely be considered an allusion to the Complainant’s business and the services rendered in its facilities, a fact from which the Respondent may well profit by giving Internet users the impression that the disputed domain name belongs to the Complainant.
I would argue that, in all probability, the registrant was not targeting the Complainant. But I suppose massage might be something nursing homes offer now. If that’s the case, I look forward to the last chapter of my life.
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