Photo.com UDRP denied transfer to Complainant

Directnic
dot-photo

There is even a new gTLD: dot .Photo.

The domain name Photo.com was challenged in a UDRP, brought forth by Fotocom Société Anonyme of Ottignies-Louvain-la-Neuve, Belgium.

Short version: The complaint was denied, although there was no finding of reverse domain name hijacking, as one would expect.

Registered in 1998, Photo.com is an extremely generic domain name, and it’s absurd that there was a UDRP in the first place.

The Complainant owns trademarks for the word FOTO.

The three member panel, consisting of Robert A. Badgley, Andrew D. S. Lothian and Alexander Duisberg, stated:

“The Panel unanimously finds that Respondent has a legitimate interest in the Domain Name.

There is evidence in the record that Respondent, a viable company for several years and the holder of several trademarks containing the word “PHOTO,” purchased the Domain Name for more than EUR 1,000,000 in September 2012, and there is record evidence of Respondent’s efforts to set up a comprehensive website in aid of its sundry photo-related commercial activities.

There is, by contrast, no evidence in the record that Respondent targeted Complainant or its FOTO-formative trademarks, and no evidence that Respondent colluded with (or even knew of) Complainant’s former CEO Panos. The Panel therefore concludes that Respondent enjoys rights or legitimate interests squarely within the meaning of Policy paragraph 4(c)(i).”

For more info, view the full text of the UDRP decision here.


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