Science

TOGG found unfair in the lawsuit filed for the domain name “togg.com”

Established to produce the domestic car that has been spoken for many years Turkey’s Car Enterprise Cluster (TOGG) lost its lawsuit with the World Intellectual Property Organization (WIPO) to acquire the internet domain name “togg.com”.

TOGG was founded on June 25, 2018 by partner companies known as five babayiğit. Subsequently, the company registered the domain name “togg.com.tr” on July 16, 2018. TOGG later wanted to buy the domain name “togg.com” for international use, but after the research, it was learned that “togg.com” was related to the American George Gould registered in NameCheap.

Gould created this domain name in 2003. In 2005, it was registered as “The Office of George Gould”. TOGG Inc sold all its assets, including its domain name, to another company in 2010. In other words, the domain name that is the subject of the word changed hands in 2014, but it has been used actively for 18 years.

sued to get “togg.com”

TOGG stated that in the lawsuit it filed, the company has a worldwide prestige, including Turkey, and that it is certain that the defendant is also aware of TOGG. The company stated that the vehicles it introduced on December 27, 2019 were featured in the world press, and argued that it is possible for the defendant to hold the domain name in question in order to gain unfair advantage from TOGG’s prestige, and demanded that the domain name “togg.com” be given to them.

The defendant, on the other hand, defended themselves with the words “TOGG was founded in 2018, it does not produce anything, it does not sell anything, it has no customers and does not have a reputation for its work.” Defense also stated that TOGG should know that this domain name was purchased legally and used in accordance with the rules before determining the brand name in 2018.

In the decision part of the case, it was stated that TOGG was right in its complaint about name similarity, but it was concluded that the defendant party bought the domain name in question in 2014, 4 years before TOGG was founded, and therefore it was not possible to have bad intentions. Therefore, the defense was right and TOGG’s request was rejected.

Pablo

Esiznews author, and writer

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