Cambridge Trademark

Cambridge University has lost in its bid to own the domain Cambridge.com from its owners.

Kirkland Holdings LLC of Brookline Massachusetts purchased Cambridge.com for US$85,000 in 2010 and uses it to run a site called “Everything Cambridge” that offers tourist information for both the US and English cities of Cambridge.

The cambridge.com/uk part of the site also offers information about the University. This has caused the University to argue that the actions are a deliberate attempt to“ creating a likelihood of confusion with the Complainant’s name and trademarks as to the source, sponsorship, affiliation, or endorsement of the website and the products and services listed in the links”. The University believes that this assertion causes confusion and helps Kirkland to sell ads to providers of educational services.

In its defence Kirkland argued that it bought the domain in good faith demonstrated by the substantial sum it paid and efforts to secure a trademark for “Marketing services, namely, providing informational web pages designed to generate sales traffic via hyperlinks to other websites”. The domain's owner also argued that it has a legitimate business hosting ads related to businesses in both Cambridges.

The World Intellectual Property Organisation's (WIPO's)  has ruled on the dispute and finds that domain is identical to a trademark for which Cambridge University holds trademarks, but that the domain is “... not likely to misleadingly divert consumers or to tarnish the trademark at issue.” WIPO adds that “the content available on the website is merely informative, and there is no element that is likely to tarnish the Complainant’s trademark.” WIPO also rejects arguments that Kirkland acquired the domain in order to sell it for an inflated cost.

Trademark

Trade mark

Domain Dispute

www.trademarkroom.com