BODIS : UDRP against Spanish word domain denied

Directnic UDRP: Denied. UDRP: Denied.

A UDRP against the domain has been denied at the WIPO; the Respondent’s attorney, John Berryhill, marks another victory for client, Ashanti PLC Limited.

Brisas means “breezes” in Spanish, and Grupo Hotelero Brisas, S.A. of Mexico, claimed rights to the LAS BRISAS mark and filed the UDRP.

The 20 year old domain does not match the Complainant’s mark, and the Respondent pointed that out in their statement:

“The Respondent believes that the Complainant is genuinely confused about what domain name is in dispute in this proceeding. The Respondent has nothing to do with the <> domain name. The Respondent is merely attempting to sell a dictionary word domain name and does not know why the Complainant claims that the disputed domain name directs visitors to hotels which compete with the Complainant. “

The three member panel at the WIPO denied the transfer of the domain to the Complainant:

“In view of the above, the Panel is unable to find that the Respondent was aware of the existence of the Complainant’s trademarks at the time that it acquired the disputed domain name or that the Respondent attempted to take advantage of the Complainant’s rights in those trademarks.”

For the full text of the UDRP for, click here.

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