Caterpillar - Form Yellow Iron to Software Caterpillar
Analysis
Domain name dispute
Who
The Complainant, Caterpillar, is a MNC with a stellar reputation built in heavy equipment and construction.
The Respondent is a regional software house with offices in the Middle East & Canada operating a business known as Catcontrols.
The Prize
www.catcontrols.com
Why
CAT is the Complainant's house mark, which it has cultivated over decades to become a household name in heavy equipment and construction machinery. The Complainant enjoys substantial goodwill and reputation in its CAT mark.
The use of CAT in www.catcontrols.com is unauthorised and detrimental to the Complainant as its use is likely to create confusion amongst consumers that the website is dealing with CAT products and services or is somehow related to the Complainant. Such use is damaging to the Complainant's goodwill and reputation and results in brand dilution of its CAT mark.
Where
World Intellectual Property Organization (“WIPO') Arbitration and Mediation Centre under the Rules for Uniform Domain Name Dispute Resolution Policy
Facts of the Case
The Respondent had registered the disputed domain name and had been actively operating the website to provide extensive information on its software products, which were offered for sale.