Well in an interesting WIPO decision, a sole panelist rejected a trademark holders claim even though they found the domain at issue, finaza.com “was confusingly similar to a mark in which Complainants have rights” and even through the domain was parked for some time.
“””The Panel is cognizant of other decisions (including those of this Panel) finding that “parking” a web site with a service that provides links to third party sites, including those that compete with complainants is not bona fide offering of goods and services.”
“”However, under the circumstances presented here, the Panel finds that Respondent’s prior use of the domain name, first parking it with the hosting service, then linking to Respondent’s Oxide search engine, when considered in combination with its current, actual use of the web site to display content, do constitute bona fide use.””
The saving grace here:
“”Respondent owns a Benelux registration for the mark FINAZA.COM, which it acquired in June 2008, prior to the filing of the Complaint. Further, Respondent has developed and operates a web site at the domain name entitled: “FINAZA: Outrageous People, Outrageous Stories.” The web site recounts true stories of extraordinary people and is intended to entertain and inspire.”
The domain is owned by Future Media Architects, Inc.