Jon Danzig, whose business LOOK-HEAR produces customised TV and
radio programmes and publications and has the domain name
look-hear.com, brought a claim against a rival media company, Oscar
Music and Media Limited that had registered the domain name
lookhear.com. Mr Danzig’s business has traded as LOOK-HEAR since
1983. He registered “LOOK-HEAR” as a UK trade mark in 1995, four
years before the dot.com name was registered by his rival.
Mr Danzig represented himself before the WIPO panel and argued
that the domain name lookhear.com should be transferred to him.
However, while the panel agreed that the names were confusingly
similar, it took the view that Mr Danzig had failed to prove his
reputation arising out of his activities, noting that sales figures
and customer details had not been shown. It also took the view that
there was no evidence that Oscar Music and Media had heard of Mr
Danzig at the time of the registration, again because reputation
had not been proved, and because the name used two common English
words. Also, because no web site had been created for the domain
name and no sale of the name had been offered to Mr Danzig, it
could not be shown that the registration was in bad faith.
Mr Danzig said: "In its decision WIPO claimed that it could not
conclude what, if any, reputation I had in the name LOOK-HEAR… That
is ridiculous and a totally damaging statement to make about me.”
He continued: “The decision by WIPO is peculiar and is a waste of
the $1,000 I paid to them to help resolve this dispute.”
Steve Waine of Mr Danzig's London trade mark attorneys, Castles,
said: "Although Oscar Music and Media own the domain,
www.lookhear.com, we cannot see that they will be able to use it
for their media activities. Oscar Music and Media do not own any
rights in the name LOOK HEAR. Mr Danzig, on the other hand, owns
the registered UK trade mark, LOOK HEAR, with trade mark
registrations pending in the European Union, the USA, Canada,
Australia, New Zealand and other territories to follow. Mr Danzig
has also built a considerable reputation in the LOOK HEAR mark over
the last 18 years."
