The WIPO Case D2017-2314: Laboratorios del Dr. Esteve, S.A. vs. Grazyna Czarnecka

The World Intellectual Property Organization (WIPO) domain name dispute case D2017-2314 involved a conflict over the domain name “adsalutem.com”. The complainant was Laboratorios del Dr. Esteve, S.A., a pharmaceutical company based in Barcelona, Spain. The respondent was Grazyna Czarnecka from Mittweida, Germany. The decision in this case was made on December 18, 2017, by panelist Steven A. Maier.

Laboratorios del Dr. Esteve, S.A. is a prominent company in the pharmaceutical sector, with a significant presence in the industry. The company owns several trademarks, including the Spanish trademark number M150388, which incorporates the term “ad salutem” and is registered for goods and services in Class 5 (pharmaceutical and medical preparations), and the Spanish trademark number M1094285 for “ESTEVE, AD SALUTEM”. These trademarks are critical to the company’s identity and operations.

The disputed domain name “adsalutem.com” was registered on August 25, 2014. At the time of the dispute, the domain name redirected to a website promoting dietary services aimed at gout pain relief, located in Wolfsbrunn, Germany, and was titled “Ad Salutem”.

The Complainant argued that the disputed domain name was confusingly similar to its trademarks, particularly given the use of “ad salutem”. They emphasized their lack of connection to the Respondent and that they had never authorized the use of “ad salutem” by the Respondent. Furthermore, the Complainant alleged that the Respondent’s domain name was registered and used in bad faith, as it was likely that the Respondent was aware of the Complainant’s trademarks.

The Respondent, on the other hand, challenged the Complainant’s claims. They contended that “ad salutem” is a Latin term meaning “good health to all” and is commonly used in contexts unrelated to the Complainant’s business. The Respondent argued for their legitimate interest in the domain name, stating it was rightfully registered and used in good faith for a diet service business in Germany. Additionally, they pointed out that the Complainant’s trademark rights in Spain did not extend to Germany.

After considering all the evidence and arguments, the WIPO panel decided in favor of the Respondent, denying the complaint. The panel found that while the disputed domain name was confusingly similar to the Complainant’s trademarks, the Complainant had not adequately demonstrated that the Respondent lacked rights or legitimate interests in the domain name. The panel also found no evidence to support the claim that the domain name was registered and used in bad faith.

This case highlights the intricate nature of domain name disputes and the importance of establishing clear evidence of trademark rights, legitimate interests, and bad faith in the registration and use of a domain name.

The World Intellectual Property Organization (WIPO) domain name dispute case D2017-2314 involved a conflict over the domain name “adsalutem.com”. The complainant was Laboratorios del Dr. Esteve, S.A., a pharmaceutical company based in Barcelona, Spain. The respondent was Grazyna Czarnecka from Mittweida, Germany. The decision in this case was made on December 18, 2017, by panelist…