Jump to content

TOGG vs The Office of George Gould Case: Difference between revisions

Edit links
From Wikipedia, the free encyclopedia
Next edit →
Content deleted Content added
VisualWikitext
Created an important page about a court case that was trending in top 5 news when the ruling came out.
(No difference)

Revision as of 14:36, 21 September 2021

TOGG vs The Office of George Gould was a court case between the two parties over the ownership of domain name "togg.com".[1]

Parties involved

The Complainant was TOGG which is is a Turkish automotive company and the Respondent was "The Office of George Gould" located in United States of America.

Background

In June 2021, TOGG (Türkiye'nin Otomobili Girişim Grubu) filed a complaint in order to obtain the domain name “togg.com”, which was previously purchased by someone else, and brought the issue to the World Intellectual Property Organization (WIPO).[2][3][4] TOGG, in their complaint, stated that the company was founded in 2018 to produce cars and the plaintiff does not have a factory yet but it unveiled plans for two electric vehicles in December 2019. They further stated that “TOGG” is an acronym formed by the initials of the first four words in the Complainant’s company name and holds multiple trademark registrations in Turkey and the European Union containing the element TOGG. Turkish automotive company wanted "togg.com" to be given to them on the grounds that the American company knowingly had malicious intent.[5][6]

In response the respondent said that Mr. Gould (Respondent) bought the domain name in 2003 for his company TOGG Inc. In 2010, TOGG Inc. sold its assets, including its business name and domain name, to a corporation named CedarPC Inc.[7] The operations of CedarPC Inc. were later merged into another company and the domain is already redirected to the website of another company (tcbinc.com) which is the current owner of the disputed "togg.com" and provides computer infrastructure services.[8][9][10] Defendant also claimed that "TOGG produces nothing, does not sell anything, has no customers or product reputation."

Findings and conclusion

In September 2021, the complaint of TOGG was rejected and ruled in favor of the domain registrant.[11][12][13][14] In the judgment, it was stated that TOGG was right in its complaint about similarity in the name, but the domain name was bought by the defendant in 2014, 4 years before TOGG was founded. Therefore it was not possible to have bad intentions[15][16][17][18] and WIPO found the defense justified.[19]

  1. ^ Haber, Akit (2021-09-16). "Yerli otomobil TOGG'un ABD'de açtığı davanın sonucu açıklandı". Akit TV (in Turkish). Retrieved 2021-09-21.
  2. ^ "2021 - Harsh Statements About TOGG Suing 'togg.com'". News Text Area (in Turkish). 2021-09-16. Retrieved 2021-09-21.
  3. ^ "Keeping a domain in bad faith? How about RDNH?". Domain Name Wire | Domain Name News. 2021-09-15. Retrieved 2021-09-21.
  4. ^ "TOGG.com - UDRP filed against togg.com". NamePros. Retrieved 2021-09-21.
  5. ^ Manşet, Borsa (2021-09-16). "Türkiye'nin otomobil olarak yol çıkan TOGG, "togg.com" internet adresi için açtığı davayı kaybetti". https://www.borsamanset.com/turkiyenin-otomobil-olarak-yol-cikan-togg-toggcom-internet-adresi-icin-actigi-davayi-kaybetti-haber-35504 (in Turkish). Retrieved 2021-09-21. {{cite web}}: External link in |website= (help)
  6. ^ "TOGG isim tescil davasını kaybetti". Memurlar.Net (in Turkish). Retrieved 2021-09-21.
  7. ^ Umut, Haber. "TOGG alan adı davasını kaybetti!". https://www.haberumut.com/ (in Turkish). Retrieved 2021-09-21. {{cite web}}: External link in |website= (help)
  8. ^ "TOGG'un 'alan' başvurusu reddedildi". hthayat.haberturk.com (in Turkish). Retrieved 2021-09-21.
  9. ^ "WIPO Domain Name Decision: D2021-1949". www.wipo.int. Retrieved 2021-09-21.
  10. ^ "Domestic Automobile TOGG Lost Its Case for Internet Domain Name in the USA". RayHaber | RaillyNews. 2021-09-17. Retrieved 2021-09-21.
  11. ^ Serbestiyet (2021-09-16). "TOGG, 18 yıl önce alınmış internet alan adını ele geçirmeye çalıştı, davayı kaybetti". serbestiyet.com (in Turkish). Retrieved 2021-09-21.
  12. ^ "Mahkemeden TOGG hakkında karar". www.cumhuriyet.com.tr (in Turkish). Retrieved 2021-09-21.
  13. ^ archynewsy (2021-09-18). "Domestic car TOGG lost the international case". Archynewsy. Retrieved 2021-09-21.
  14. ^ "Harsh Statement About TOGG Suing 'togg.com'".{{cite web}}: CS1 maint: url-status (link)
  15. ^ Silver, Elliot (2021-09-15). "RDNH Finding in TOGG.com UDRP". DomainInvesting.com. Retrieved 2021-09-21.
  16. ^ Today, Newsy (2021-09-18). "Domestic car TOGG lost the international case". Newsy Today. Retrieved 2021-09-21.
  17. ^ "TOGG found unfair in the lawsuit filed for the domain name "togg.com"". ESIZNEWS. 2021-09-16. Retrieved 2021-09-21.
  18. ^ "RDNH Finding in TOGG.com UDRP". TheDomainsMarket.com. 2021-09-15. Retrieved 2021-09-21.
  19. ^ "Yerli otomobil TOGG, ABD'de internet alan adı için açtığı davayı kaybetti". https://atagazete.com. Retrieved 2021-09-21. {{cite web}}: External link in |website= (help)
Retrieved from "https://en.wikipedia.org/w/index.php?title=TOGG_vs_The_Office_of_George_Gould_Case&oldid=1045618893"