Apple wins iphone5.com domain ownership

The World Intellectual Property Organization has sided with Apple in a dispute over the iphone5.com domain name, and ownership is expected to be transferred to Apple.

The WIPO website recently updated its status on the case as "Terminated," and the domain owner is expected to be required to relinquish ownership of iphone5.com to Apple.

The site is currently owned by Corporation Service Company, a protection agency that owns the domain name in the interim.

The decision makes me thinking?

On what basis the WIPO decided to transfer ownership to Apple?

It may be true that the website featured a small, relatively inactive forum, up to now; but if any company or person buys a domain name; how can WIPO compel it to surrender it to Apple?

I think this sets a wrong precedent for the future.

People and companies sometimes buy domain names as investment. Buying a domain name, when no one has thought of buying it, also shows initiative and vision.

According to reports, the WIPO's decision to side with Apple came quickly, as Apple applied for ownership of the domain only a few weeks ago.

Notably, Apple's interest in the domain can be for two reasons -- an iPhone5 is imminent or could be also simply be an effort to avoid confusion among consumers who might think the domain is owned or affiliated with the company. In 2011, Apple also turned to WIPO to take control of iphone4s.com, and also take down a handful of other iPhone-related domains that featured hardcore pornography.

In July 2011, WIPO also granted Apple ownership of the domain name ipods.com. In that case, it was found that the original owner of the domain had "no rights or legitimate interests in respect of the domain name," and that it was "being used in bad faith by the respondent."

It may look totally all right for a company, to protect its brand; but that should be done in a right way.

Like in this case, Apple may have demanded to ban the domain name. OR a price bargain should have taken place between the Apple and the domain name owner. OR WIPO may have simply barred any of the parties from using the said domain name in future.

Transferring it to Apple appears biased. As the company should also look for the availability of the domain name before it names a product. In addition, if Apple is world's biggest technology company, then can't it buy a handful of domain names in advance.

Don’t know, but this decision doesn’t sound good.


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