Examination of WIPO Domain Name Dispute Case D2018-0242: Milton Hotels Limited v. Hong Lu, Omegauk
- by Staff
In the WIPO domain name dispute case D2018-0242, the complainant was Milton Hotels Limited, based in Inverness, Scotland, UK. The respondent in this case was Hong Lu, Omegauk, from Milton Keynes, UK. The case centered around the disputed domain name “milton-hotels.com”, and the decision was made on May 11, 2018. The panelists presiding over the case were Jonathan Turner (Presiding), Andrew D. S. Lothian, and The Hon Neil Brown K.C.
Milton Hotels Limited claimed rights to the “Milton Hotels” mark, which it has used since 1970 as a trading name for its hotel business. The family-owned company, established by William and Mary Milton, originally purchased the West End Hotel in Fort William, Scotland, around 1955. Over the years, the business expanded, acquiring and constructing several other hotels in Scotland, ultimately leading to a turnover of GBP 4.2 Million. The complainant’s domain name, “miltonhotels.com”, pointed to its official website.
The respondent, Hong Lu, and her husband, Dr. Chen, directors of Omega Travel Ltd and associated with Oldbrook Ltd, operated a number of hotels under “The Milton Hotels and Residences Group” in Scotland, England, France, and Italy. The domain name “milton-hotels.com” was used to promote this group.
The complainant argued that the disputed domain name was confusingly similar to its mark and was registered in bad faith to disrupt its business and capitalize on its reputation. The respondent countered by stating that “Milton” was chosen due to Dr. Chen’s base in Milton Keynes and that their business mainly targeted Chinese tour groups, different from the primary target of the complainant’s business. The respondent denied any bad faith in the registration or use of the domain name, asserting that it had been used in connection with their legitimate business.
After reviewing the evidence and arguments, the WIPO panel concluded that although the complainant had rights in the “Milton Hotels” mark and the domain name was confusingly similar to this mark, the respondent had legitimate interests in the domain name. The panel found no evidence of bad faith registration or use by the respondent. As such, the complaint was denied, underscoring the complexity and nuances involved in domain name disputes, particularly when the disputed name involves common terms or geographical references.
In the WIPO domain name dispute case D2018-0242, the complainant was Milton Hotels Limited, based in Inverness, Scotland, UK. The respondent in this case was Hong Lu, Omegauk, from Milton Keynes, UK. The case centered around the disputed domain name “milton-hotels.com”, and the decision was made on May 11, 2018. The panelists presiding over the…