KTM loses in ruling over KTM.com

[cp380sx]

ICANN, the body that determines rightful ownership over .com domain names, recently ruled that Cycle Hutt, a former KTM franchise, rightfully owns the KTM.com. The following is ICANN's closing statements regarding the board's determination. CH is the respondent and KTM is the complaintant.

"In addition, both prior to and during the dealer agreement, Respondent notified Complainant that it intended to and was in fact using domain names that included the KTM mark for the purposes of offering KTM related goods online. KTM entered into the dealer agreement with the knowledge of Respondent’s intentions, did not object to this use by Respondent and there is evidence that Complainant encouraged Respondent to register at least one of the domain names, <ktm.com>, for the purpose of promoting and selling KTM goods online. A trademark owner may not actively encourage a third party to expend substantial money and effort to purchase and promote a domain name containing its trademark and then use the UDRP arbitration process to obtain a transfer of that domain name."

The entire record of ICANN's ruling is available at www.arbforum.com/domains/decisions/155894.htm

 

[MARK IT]

Way to go!!!! KTM should not have tryed to strong arm CH in the first place.

 

[ktmboy]

KTM has a history of shooting themselves in the foot. They had a shot at signing Ty Davis a few years ago when he left Kawasaki, and blew it. There are some big egos apparently at their American corporate headquarters!

 

[Offroadr]

Originally posted by ktmboy
There are some big egos apparently at their American corporate headquarters!

With the first name of Rod

 

[Okiewan]

A court of law is a lot different than ICANN ... if KTM USA still wants to persue this, the outcome could be the opposite.

 

[Smit-Dog]

For those guys seriously thinking about swearing off orange as a result of this, I respect your commitment on the basis of principal. But if you're using Microsoft Windows, Microsoft Internet Explorer, Microsoft Excel, Microsoft Word, etc., you might want to take a hard look at the extremely aggressive business tactics used by Microsoft.

MS makes KTM look like Goodwill Industries...

 

[Kawidude]

...and Oracle makes Microsoft look like the Girl Scouts.

 

[Farmer John]

Originally posted by Kawidude
...and Oracle makes Microsoft look like the Girl Scouts.

I didn't know Oracle sold cookies. ;)

 

[BunduBasher]

Microsoft's 'girl scout' cookies :p

 

[FritoBandito]

It would be in eveyones best interest for KTM to stop right here and realize that they need to straighten out their differences with Cycle Hut without going to court and they will both have more money in their pockets by doing so. Cycle Hut could also be the one to file a lawsuit over the dealership, so it might not be a wise move by KTM to strongarm them again.

GO CYCLE HUT