Detroit, MI — MojoHost continues to receive affirmative legal judgements against trademark infringers using their marks in bad faith.
In December 2020, MojoHost filed a World Intellectual Property Organization (WIPO) claim against the registrant of the domain “mojohost.tech.” The disputed domain name “mojohost.tech” was registered on October 21, 2020. The MojoHost trademark was issued on July 24, 2012. MojoHost has promoted its services as “MojoHost” since 2004.
At the time of the complaint, MojoHost provided evidence that the domain was being used to link to an email marketing system.
The Respondent did not reply to the Complaint. WIPO, however, does not award default decisions based on lack of a response. The same criteria must still be met. Regardless, WIPO stated that the criteria for a successful Trademark complaint was met by MojoHost on all three criteria: “the Disputed Domain Name is identical with or confusingly similar to a trademark or service mark in which the Complaintant has rights,” “the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name” and “the Disputed Domain Name has been registered and is being used in bad faith.”
The panel found that the disputed name was identical to the MojoHost trademarks. The panel also found no evidence that the Respondent had established any “bonafide offering of goods or services” while using the domain. The written decision stated that it was “more likely than not that the Respondent would have known of — and sought to target — [MojoHost] when it registered the Disputed Domain Name. Even assuming the Respondent independently coined the name (which seems unlikely) a simple Internet search would immediately have revealed the Complainant and its use of the term ‘mojohost.'”
The sole WIPO panelist ordered “the Disputed Domain Name <mojohost.tech> be transferred to the Complainant.”
The win represents yet another successful outcome by Silverstein Legal on behalf of MojoHost, who last year prevailed after filing multiple claims including a federal lawsuit against against MageMojo, LLC in the United States Eastern District of Michigan Southern Division and a WIPO dispute. In additional WIPO claims, the domains mojoimpacthosting.com and mojoimpactwebhosting.com were also transferred to MojoHost by order by the World Intellectual Property Organization.
“The panelist’s decision was thorough and spot-on in this instance. The Respondent mistakenly believed that MojoHost would sit idle, as he blatantly violated MojoHost intellectual property,” said attorney Corey D. Silverstein.
“MojoHost will continue to utilize all available legal tools to protect what it has worked so hard to build. We have already commenced a new action against this Respondent related to another unlawfully acquired domain and are evaluating additional legal options,” Silverstein added.
MojoHost holds 57 awards for outstanding hosting services and business practices. Established in 1999, MojoHost’s growth and attention to powering the success of its clients has positioned it as a choice for mainstream hosting needs as well. Visit mojohost.com for more information.
