Petro + bras = Petrobras
The UDRP over the domain Petrobras.XYZ contains some colorful allegations by the Respondent, who challenged the rights of Petroleo Brasileiro S.A – Petrobras of Rio de Janeiro, Brazil.
Alleging that the trademark owner’s rights expired after the XYZ sunrise period ended, the Respondent sent an email to the Complainant about her intentions of use for the domain:
“The Respondent states that the Complainant had ample time to secure the Domain Name in the period for registration reserved to trademark owners. It failed to do so, meaning that the name became available to the public and could be claimed by others including the Respondent.”
Furthermore, the Respondent asserted she spent $5,000 on setting up her business and expected that much as a payment in order to “surrender” the domain name:
“I received your recent email regarding my ownership of the domain name: petrobras.xyz. I am currently using that particular domain name to advertise and sell bras and lingerie in the US. My web site has nothing to do with petroleum; and I highly doubt that women’s under ware can be confused with oil and gas production. Additionally, according to the US Trademark office, the name petrobras has no relevance in English.
Please be aware that I will not surrender the domain name in question nor will I stop using that name as I have spent considerable time and expense creating my web site. However am willing to consider finding a new name for my web site and selling you that particular name, but only for a reasonable price.
Please let me know at your earliest convenience if you are interested.”
Lastly, the name Petrobras was supposedly coined by the Respondent as follows:
“The Respondent submits that the Domain Name has symbolic meaning for her. In particular, it combines the name “Petro”, which is the surname of an important person in her life, with the term “bras” which simply describes that item of underwear.”
What can we say. 😀
The Panelist, however, said it all, ordering the domain Petrobras.XYZ to be transferred to the Complainant:
“While there are a number of possibilities as to the Respondent’s primary motivation in registering the Domain Name, the Panel is unable to identify any that does not involve her taking unfair advantage of the Complainant’s goodwill in its PETROBRAS trademark, by virtue of the likely confusion described above, in circumstances where the Respondent can demonstrate no rights or legitimate interests in the Domain Name. Therefore, the Panel finds that the Domain Name has been registered and is being used in bad faith.”
For the full text of this UDRP, click here.
This is the second UDRP for an XYZ domain that we’re aware of, after AEO.xyz.
