Geography Reference
In-Depth Information
because of the significantly different factual basis, and because in that case the
Panel considered that the Respondent had not yet actually used that domain
name and concluded that it was possible to conceive of a legitimate use of the
term 'Parma ham'. In the present case, however, the Respondent actually used
the domain name in a way which did not qualify as 'bona fide'. The Panel
therefore found that the Complainant had shown that the Respondent had no
rights or legitimate interests in respect of the domain name, according to para
4(a)(ii) of the Policy.
iii. Registration and use in bad faith
6.231
The Panel held that by using the domain name to sell a multitude of different
competing meat products (and not only Parma ham), the Respondent
attempted to attract, for commercial gain, Internet users looking for Parma ham
to its website. The Respondent's use of the Complainant's certification marks
created a likelihood of confusion in that Internet users might assume that the
Respondent's website was affiliated to or otherwise sponsored by the certified
producers of Parma ham. Therefore, the Panel found that the Complainant had
shown that the Respondent registered and used the domain name in bad faith
in the sense of para 4(b)(iv) of the Policy.
6.232
The Administrative Panel ordered that the registration of the domain name
<parma-schinken.com> be transferred to the Complainant.
(f) Province of
Brabant Wallon v Domain Purchase, NOLDC, Inc
229
i.
The parties
6.233
Brabant Wallon is the geographic denomination of the Belgian province of
Brabant Wallon. The Complainant was the public body which governs that
geographic area. Since 15 June 1999, it had been the owner of OHIM-
registered trade mark No 000613638, comprising the words 'Brabant wallon'
(written vertically) and 'la jeune Province' (written horizontally) together with
relatively large figurative elements (Vienna classifications 26.3.4, 26.4.1 and
26.13.25). In 1996 the Complainant engaged a company called Aleph One to
register domain names related to the province, with registrations for one year.
However, Aleph One kept and renewed, on its own behalf, the domain name
<brabant-wallon.org>. This domain name was subsequently transferred to
different entities before being registered by the Respondent, Domain Purchase,
NOLDC, Inc, of New Orleans, Louisiana, USA on 21 November 2003.
229
WIPO Case No. D2006-0778.
