As mentioned on this site a couple weeks ago, Neiman Marcus filed a complaint with a domain name arbitration group over The Fund for Animals’ use of the domain names NeimanCarcass.com, NeimanCarcass.org, and NeimanCarcass.net.
Neiman Marcus claimed that the domain names were confusingly similar to its trademarked name. In denying Neiman Marcus’ claim, however, the National Arbitration Forum’s Charles K. McCotter, Jr. wrote that,
. . . it is unreasonable to believe that a reasonable consumer would be confused as to what the website is about or whether it is owned, sponsored or affiliated with [Neiman Marcus].
This is the correct decision, but completely at odds with previous decisions by the National Arbitration Forum that took similar domain names from animal rights groups and transferred them to Neiman Marcus. Just another example of how screwy and wrong domain name arbitration systems remain.
Fund for Animals wins web dispute to keep NeimanCarcass.Com. Press Release, Fund for Animals, May 18, 2004.
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