FOR IMMEDIATE RELEASE
UDRP NEWS: VETERANO SEEKS DOMAIN NAME FROM SELLER WHO REFUSES TO SELL VETERANO.COM
A recent UDRP dispute over the domain name VETERANO.com raises an interesting issue frequently seen in domain disputes involving dictionary-word domains: when does a trademark owner cross the line from legitimate enforcement into potential reverse domain name hijacking (“RDNH”)?
In this dispute, the complainant, a Spanish alcohol company asserting rights in the VETERANO trademark for alcoholic beverages, seeks transfer of the domain name VETERANO.com from a retired U.S. Navy veteran. According to the Response filed in the proceeding, the respondent claims he acquired the domain name because “veterano” is a common Spanish dictionary word meaning “veteran,” and allegedly intended to use the domain in connection with a contemplated veteran-oriented apparel and lifestyle brand unrelated to alcoholic beverages.
The bad faith element is often the most heavily contested issue in UDRP proceedings. Under the UDRP, a complainant must prove both bad faith registration and bad faith use. The Response argues there was no targeting of the complainant's trademark rights at the time of acquisition, no use of the domain to sell competing products, no impersonation, and no evidence the respondent attempted to confuse consumers regarding source or sponsorship.
The Response further points to evidence that the complainant allegedly attempted multiple times to purchase the domain name before filing the UDRP complaint, while the respondent repeatedly declined to sell the domain. The respondent argues this undermines any claim that the domain was acquired primarily for resale to the trademark owner.
The dispute also touches on a recurring issue in UDRP jurisprudence involving common-word or dictionary-term domain names. Panels have often recognized that ownership of a generic or descriptive domain name can constitute a legitimate interest where the domain was selected for its ordinary meaning rather than to target a trademark owner.
The respondent additionally requests a finding of Reverse Domain Name Hijacking, arguing the complainant improperly attempted to use the UDRP process after unsuccessful purchase negotiations.
Read the full UDRP response here.
HOW VONDRAN LEGAL® CAN ASSIST
At Vondran Legal®, we handle domain name disputes, cybersquatting claims, UDRP proceedings, reverse domain name hijacking allegations, trademark enforcement matters, and internet branding disputes.
This includes:
- UDRP complaints and responses
- Reverse domain name hijacking claims
- Trademark and cybersquatting disputes
- Domain acquisition disputes
- Brand enforcement and online infringement matters
- ICANN and WIPO proceedings
For more information, contact us at 877-276-5084 for a free consultation.
