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
"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