Flyboard is a fun activity, utilizing a water-propelled “jetpack” and its French inventor is Franky Zapata.
The Flyboard was created in 2012, according to Wikipedia; Franky Zapata failed to register his full name, FrankyZapata.com, at the time, so someone else did.
Franky Zapata registered the .FR variant in mid 2014, and a Florida chap named Derek Gross registered the .com in December 2014.
Franky Zapata images on Google.
According to a UDRP filed by Franky Zapata to take ownership of the domain FrankyZapata.com, the Respondent’s son, Ben Merrell, was contacted on Facebook by Franky Zapata’s wife to acquire the domain.
According to the Respondent, his son ranks #4 in the world for Flyboard championships. In an ironic twist, his own name BenMerrell.com, is being squatted by a person in India.
The Respondent tried to sell the domain FrankyZapata.com for $5,000 dollars and that’s when Franky Zapata’s lawyer got in touch.
Respondent’s communication with the WIPO wasn’t all too formal, and comprised of the following 8 points:
1. I purchased frankyzapata.com over a year ago (Dec 2014) with no plans for it at the time. I never put up the domain online or contacted Franky about selling the domain. My son and I own a Flyboard business, we are heavily involved in the industry. When Franky reached out to me, I thought he wanted to purchase it. I immediately offered him that opportunity.
2. When I researched different domains to purchase, I noticed that Franky purchased frankyzapata.fra I purchased the .com version of it. Currently the .fra is not being used.
3. I legally paid for this domain and have plans to use it immediately. I purchased two other domains at the same time. Derekgross.com and Medianumber1.com. I wanted to buy Benmerrell.com for my son buy someone already owns it. Ben is world ranked number 4 in the world now. Ben is know all over the world as well. They have pictures of Ben flying in multiple countries and preforms shows all over the world as well. I guess I need to file a complaint against whom ever owns benmerrell.com.
4. My son got a Facebook message from Franky’s wife asking if he owned the domain several months ago. He told her that I owned it. My son contacted me and told me they wanted to talk with me about it. He asked if he could give them my email address. I said yes and I would be willing to sell it to them. I never heard from them.
5. I contacted Franky’s wife via Facebook a couple weeks later and asked if they wanted it. She said she would get back to me.
6. Then I got an emailed letter from their lawyer telling me that they have filed a complaint with you for the domain. When I tried to contact them they didn’t reply, I then said I could sell it to someone if they didn’t want it. The lawyer implied that I was blackmailing Franky.
7. There are many Franky Zapata’s in the world and I would argue they have as much right to take it from me as the one who filed this complaint. So what gives him the right?
8. Domains are bought and sold every day. This is a site from Go Daddy where I purchased this domain. It is not illegal to sell domains. Many sell for more than $5,000 dollars. If Franky doesn’t want to buy it, I’ll be glad to use it in the future for something or sell it to someone else that wants it.
The WIPO panelist rightfully weighed the facts; a European Community trademark for FRANKY ZAPATA was filed in early 2016; as the Panelist stated, trade mark applications do not generally give rise to trade mark rights, so this application is of no assistance to the Complainant.
The Panelist, however, found the Respondent’s actions unjustifiable:
“The Panel regrets that he cannot accept as credible the Respondent’s statement that he, a person engaged in the watersports industry, registered the name of a well-known participant in that industry, with no particular plans. If his purpose was not to sell it, but to use it in his business, it would inevitably lead to confusion with the Complainant’s business, identifying as it does the person behind the Complainant whose name is widely used by the Complainant in the promotion of its business. “
With that in mind, the domain FrankyZapata.com was ordered to be transferred to the Complainant.
For the full text of this UDRP, click here.
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