06/22/09
By Pierce Delahunt
Fashion icon Christian Dior filed a complaint last March against Victoria Woo, stage name Kianna Dior, for use of the website KiannaDior.com. Sole panelist Debrett G. Lyons denied the complaint.
Woo has used the name since 2001. She created a website in 2002 and registered the domain in 2006.
Christian Dior has had previous success filing a complaint against Konstantinos Zournas for AnnaDior.com. He also successfully filed a joint complaint with fellow fashionista Chloé against Paul Farley for ChloeDior.com.
Although Lyons ruled that the domain names are confusingly similar, she also noted that, unlike the previous cases, Kianna Dior has legitimate interest in the name.
Domain name complainants must prove:
(i) the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) the respondent has no rights or legitimate interests in respect of the domain name; and
(iii) the domain name has been registered and is being used in bad faith.
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