Analysis of WIPO Domain Name Dispute Case D2021-2718

In the domain name dispute case D2021-2718 adjudicated by the WIPO Arbitration and Mediation Center, the parties involved were SNCF Voyageurs, a French national railway company, and Antonio Vaz from Portugal. The domain in question was . SNCF Voyageurs, known for its TER public transport service in France, holds the French trademark for TER since 1989. The Respondent, Vaz, acquired the domain in 2017. The domain name was used for a parking page with links to various services, including some competing with the Complainant’s services.

SNCF Voyageurs alleged that the domain name was identical to their trademark, and that Vaz had no legitimate interests in it, asserting it was registered and being used in bad faith. Vaz countered these claims by stating his hobby of collecting short, generic domain names for resale, emphasizing his lack of knowledge of SNCF’s TER service and the generic nature of the term “ter.”

The WIPO Panel decided not to consider the legitimacy of Vaz’s interests in the domain due to the conclusions reached regarding bad faith. Regarding bad faith, the Panel noted the challenges in proving that Vaz was aware of SNCF’s trademark at the time of domain registration, especially given the common use of the acronym “TER” and its dictionary meaning in Portuguese (“to have”). The Panel recognized the generic appeal of three-letter domain names and Vaz’s collection of such domains without specific targets. Despite the domain hosting PPC links to competitors of SNCF, the Panel concluded that this was insufficient to prove bad faith in registration. Consequently, the Panel ruled against SNCF Voyageurs and denied the claim of reverse domain name hijacking by Vaz.

This case highlights the complexities in domain name disputes, especially involving generic terms and international contexts. The decision rested significantly on the interpretation of bad faith in the registration and the global nature of domain names versus localized trademark recognition.

For more detailed information, you can access the full case details on the WIPO website: WIPO Case D2021-2718.

In the domain name dispute case D2021-2718 adjudicated by the WIPO Arbitration and Mediation Center, the parties involved were SNCF Voyageurs, a French national railway company, and Antonio Vaz from Portugal. The domain in question was . SNCF Voyageurs, known for its TER public transport service in France, holds the French trademark for TER since…