Beer – not the only beverage with rights to “brew.”
In November we covered the UDRP case for the domain BrooklynBeer.com; the case was defended by ESQwire, and the Complainant lost.
At the time, another UDRP was pending, and it has now been decided.
BrooklynBrew.com was challenged at the WIPO, and the same complainant targeted the owners of this 8 year old domain.
The Respondent stated that their registration did not target the Complainant’s mark, as “brew” is not restricted to beer only, but other beverages such as coffee and tea as well:
“The Respondent denies registering the Domain Name to target the Complainant’s marks. The Respondent observes that the English word “brew” refers to coffee and tea as well as beer, and that it is also used metaphorically to refer to imminent events or a blend of social or cultural elements. The Respondent argues that the Domain Name was legitimately used first “in connection with a planned Brooklyn based coffee shop, to be called “Brooklyn Brew”, and then for a retail website selling “Brooklyn themed apparel”, with reference to contemporary Brooklyn being a mix of ideas, cultures, and people.”
The sole panelist, Scott Blackmer, was concerned about the eight year lapse between the registration of the domain and its current use for Brooklyn-themed apparel, instead of anything related to the brewing of coffee.
However, the decision of having legitimate rights was granted to the Respondent, who gets to keep the domain.
For the full text of the UDRP decision for the domain BrooklynBrew.com, click here.
