Baker & McKenzie Successfully Represents Hugo Boss in Domain Name Infringement Case in Vietnam
Case Announcement
28 June 2011
Hanoi City, Vietnam, June 28, 2011 – Baker & McKenzie represented Hugo Boss in a domain name infringement case in the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, which was resolved in favor of Hugo Boss on May 30, 2011.
The case involves the domain name “www.highboss.com”, which was registered by a Vietnamese resident who is the owner of a chain of the High Boss shoes stores in Vietnam (“Respondent”).
The WIPO ruled in favor of Hugo Boss based on the following:
• The domain name registered by the Respondent is identical or confusingly similar to the BOSS and HUGO BOSS trademarks, which are protected marks in Vietnam and “certainly well known marks in the fashion industry”.
• The Respondent has no rights or legitimate interests in the disputed domain name.
• The disputed domain name was registered and used in bad faith with the aim of attracting Internet users to the Respondent’s website by creating a likelihood of confusion with the Hugo Boss’s BOSS and HUGO BOSS trademarks.
A decision was issued which ordered the transfer of the disputed domain name to Hugo Boss.
The Baker & McKenzie team was led by Hanoi-based Partner, Tran Manh Hung, and assisted by senior associates Vu Hong Yen and Quach Minh Tri.