LOS ANGELES—MojoHost has prevailed in its most recent trademark protection claims. MojoHost alleged that a competing company "Mojo Impact Web Services" had registered multiple confusingly similar domain names in bad faith. The World Intellectual Property Organization (WIPO) agreed in its written decision on Friday.
The disputed domains were registered by Impact between August 26, 2020 and Sept 9, 2020. The trademark claim was filed swiftly thereafter on October 14, 2020. The claim alleged that "the disputed domain names resolve to website that offer Internet hosting services that are substantially similar to and in direct competition with the Complainant's services."
The respondent did not file a formal reply, but sent two email communications apparently conceding ownership to MojoHost stating;
"I have cancelled <mojoimpacthosting.com> and have requested [the domain registrar] to cancel <mojoimpactwebhosting.com> .. I release any and all claims to these domains."
The WIPO Panel ordered "that the Disputed Domain Names <mojoimpacthosting.com> and <mojoimpactwebhosting.com> be transferred to the Complainant."
WIPO Trademark cases follow specific rules and guidelines in determining ownership in a dispute such as this, "in cases where a domain name incorporates the entirety of a trademark, or where at least a dominant feature of the relevant mark is recognizable in the domain name, the domain name will normally be considered confusingly similar to that mark for purposes of UDRP standing".
This would pertain to domains including the words "mojo" and "host" such as that found in "mojoimpacthosting.com".
The win represents another successful outcome by Silverstein Legal on behalf of MojoHost, who earlier this year filed a federal lawsuit against against MageMojo, LLC in the United States Eastern District of Michigan Southern Division. Simultaneously, a World Intellectual Property Organization (WIPO) dispute was also filed against MageMojo, LLC.
“MojoHost’s days of hoping and giving the benefit of the doubt that people will respect its intellectual property are over. Anybody who attempts to violate a MojoHost trademark will be pursued,” said attorney Corey D. Silverstein. “The MojoHost brand has an enormous amount of Goodwill attached to it, and unfortunately, that makes it attractive to infringers looking to make a quick buck. As Brad would say, that is NOT good mojo” Silverstein continued. "Earlier this week my office commenced more new action against MojoHost trademark infringers and there will be more."
