Napoleon was born 100 years after the Complainant’s company formed.
February is far from over, and Yoyo Email Ltd. has received yet another losing decision from the WIPO.
The UDRP case covers the domains saintgobain.email and saint-gobain.email, marks of the French company, Compagnie de Saint-Gobain of Courbevoie.
The Complainant was established in 1665, and is a world leader on the construction market. It designs, manufactures and distributes building materials. The name “Saint-Gobain” is part of the Complainant’s registered company name since 1954.
In other words, this is a famous mark with traditions that go back well before before the Napoleonic wars, and it seems that the French are about to win this one against the British Respondent.
Assen Alexiev, sole panelist, seized the opportunity to deliver his thoughts on the Respondent’s claims that previous panels were ‘unfair’ to the Respondent’s numerous UDRP cases brought at the WIPO:
“The Respondent has used strong words to criticize other panelists and their decisions in previous cases where it was involved. This forum is not an appellate court and the Panel’s mission is not to evaluate the prior decisions involving the Respondent. As required by the Policy and the Rules, the Panel has made its own review of all relevant circumstances and evidence, and has reached its own conclusions on the substance of the dispute.”
On the subject of the particular case and the two domains associated with it, Mr. Alexiev did not deviate from the findings of previous panelists:
“The Respondent has provided no explanation of how exactly the disputed domain names will be used and why they are necessary for the described service. The Respondent has not started the operation of its system yet, and the only explanation it has offered about how its system would be working is its beta website. However, this website contains only a commercial presentation which provides no details how the alleged system works and what place the disputed domain names have in it. The lack of proper explanation by the Respondent on this issue is strange given that it had been a central issue in the previous proceedings against the Respondent discussed by the parties.”
Based on all three points that are required to be met in a UDRP, the final decision was to order the transfer of saintgobain.email and saint-gobain.email to the Complainant.
For the full text of the UDRP decision, click here.
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