Lindsay Kassof and Kathleen Ryan of The Ollila Law Group (OLG) recently won a UDRP action on behalf of the Hershey Chocolate & Confectionery Corporation to reclaim the milkduds.com domain name. In what turned out to be a highly contentious proceeding, OLG successfully proved Hershey’s exclusive rights as the sole licensee in the famous MILK DUDS trademark and the respondent’s lack of a legitimate interest and bad faith in both registering and putting up a face page for the milkduds.com domain name. The National Arbitration Forum Panel found that the respondent failed to support its argument that an alleged Jersey cow print line of swimwear gave rise to rights in the domain name. The Panel also rejected the respondent’s argument that Hershey’s rights in the MILK DUDS trademark are limited to candy, pointing out that class of goods or services are not relevant in a UDRP action.

You can read the Panel’s decision here.

OLG routinely represents a wide range of clients, including Hershey, in Internet matters, including UDRP and DMCA actions. To date, OLG has won 100% of Internet actions filed on behalf of OLG clients.For more information about our services, please contact Kathleen Ryan at kryan@olgip.com.