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."