Detailed Analysis of WIPO Domain Name Dispute Case D2017-2577
- by Staff
In the WIPO Domain Name Dispute Case D2017-2577, Mr. Pierre Chapoutot of Marrakech, Morocco, filed a complaint against Booking.com B.V. of Amsterdam, Netherlands, over the domain name “directbooking.com.” The case, filed on December 22, 2017, was handled by a panel comprising Assen Alexiev, Michel Vivant, and Willem J. H. Leppink.
Chapoutot, the owner of the French trademark DIRECT-BOOKING, contended that the domain name was identical or confusingly similar to his trademark. He argued that Booking.com acquired “directbooking.com” in bad faith, following their communications regarding a potential partnership, which Chapoutot claimed involved revealing important business information.
Booking.com, which operates the leading online accommodation reservation service Booking.com, held several trademarks, including BOOKING.COM. They refuted the claims, stating that the acquisition of “directbooking.com” was a logical step in their business strategy and unrelated to any activities of Chapoutot. They contended that the coexistence agreement between the parties did not explicitly cover domain names and that Chapoutot’s interpretation of the agreement was a misinterpretation.
The panel found that Chapoutot did not sufficiently demonstrate Booking.com’s bad faith in registering the domain name. Moreover, they noted that Booking.com had legitimate interests in the domain name, as it included their well-established BOOKING.COM trademark. The panel concluded that the domain name was not registered and used in bad faith and denied the transfer of the domain name to Chapoutot or Direct Booking LLP, an entity affiliated with him.
This case illustrates the complexities of domain name disputes, especially when trademarks and prior agreements are involved. The decision highlighted the importance of clear evidence in proving bad faith registration and use, and the necessity to consider the broader context of business strategies and existing trademarks.
In the WIPO Domain Name Dispute Case D2017-2577, Mr. Pierre Chapoutot of Marrakech, Morocco, filed a complaint against Booking.com B.V. of Amsterdam, Netherlands, over the domain name “directbooking.com.” The case, filed on December 22, 2017, was handled by a panel comprising Assen Alexiev, Michel Vivant, and Willem J. H. Leppink. Chapoutot, the owner of the…