Barium, an element.
Hopefully, you’re a fan of Breaking Bad; this UDRP against Barium.com was brought by Barium AB of Göteborg, Sweden, for an elemental domain registered in 2001.
The Complainant registered the trademark “Barium” in 2012, and also operates from Barium.se.
The Respondent, on the other hand, broke down the elements of their defense thus:
“… the generic character of the word “Barium” being a chemical element of the Mendeleev Periodic Table of Elements No. 56 with the “Ba” code as well as the Latin name for the southern Italian city Bari.”
They also requested that the Complainant be found guilty of Reverse Domain Name Hijacking.
While that last part was refused by the sole panelist, Alfred Meijboom, he made some interesting points:
“Although the Respondent has not submitted firm evidence that it has rights or legitimate interests in the disputed domain name, such rights or legitimate interests can also not be excluded either. Although the word “barium” as such does not necessarily have a descriptive or generic character, in certain ways it is descriptive (chemical element of the Mendeleev Periodic Table of Elements No. 56 with the “Ba” code) and also a dictionary word (Latin reference to the Italian city Bari). Furthermore, the Respondent also owns the domain name <bari.com> and it cannot be excluded that the Respondent in that context has also registered and intends to use the disputed domain name with the intention to use it in a way consistent with its “dictionary or descriptive” meaning.”
Fortunately, this great domain was thus salvaged and was ordered to stay with its Registrant.
For the full case of the UDRP against Barium.com, click here.
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