Jensen’s lawyers, in turn, argued that the “domain name is not identical or confusingly similar” to the Tolkien estate’s trademarks and that“token” itself was a generic enough term to be differentiated from “Tolkien.” The parody argument was also trotted out, with Jensen’s lawyers arguing that any similarities are “indicative of the parody evoked by the JRR Token mark, not of any purported bad faith.
Ultimately, however, the WIPO arbitrators sided with the Tolkien estate . The panel ruled the estate had successfully argued the “J.R.R. Token” name was similar enough to the estate’s trademark and that Jensen had chosen this name for his cryptocurrency “for the sole purpose of creating a false association.” Lastly, the panel ruled that it was well-aware of Tolkien’s name and work and thus his registration and use of “J.R.R. Token” was “in bad faith.
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