The Sociedad Puerto Industrial Aguadulce S.A. vs. AbdulBasit Makrani Case: A Comprehensive Study of a Domain Dispute and RDNH Decision
- by Staff
In the case of Sociedad Puerto Industrial Aguadulce S.A. v. AbdulBasit Makrani (Case No. D2019-1378), the dispute centered around the domain name “aguadulce.com.” The complainant, Sociedad Puerto Industrial Aguadulce S.A. from Colombia, claimed rights over the domain based on its Colombian registered trademarks, including “AGUADULCE,” which they had used since 1996 for their port business operations.
The respondent, AbdulBasit Makrani from Pakistan, was a professional domain name investor. He registered the domain “aguadulce.com” in 2011 and argued that he was unaware of the complainant’s Colombian trademarks when he registered the domain. He emphasized that “agua dulce” is a generic Spanish phrase meaning “sweet water” and is commonly used by various businesses and geographic locations, thereby not being unique to the complainant.
The WIPO panel, in its decision, considered several factors. They acknowledged the complainant’s trademark rights but also noted the generic nature of the term “aguadulce” and its multiple uses unrelated to the complainant. The panel found no evidence that Makrani was aware of the complainant or their trademark at the time of the domain registration. Consequently, the complaint was denied, and no finding of Reverse Domain Name Hijacking was made.
This case underscores the complexity of domain name disputes, particularly when dealing with a term that is both a trademark and a generic phrase with multiple uses and meanings.
For a detailed overview of the case, please visit WIPO Domain Name Decision: D2019-1378.
In the case of Sociedad Puerto Industrial Aguadulce S.A. v. AbdulBasit Makrani (Case No. D2019-1378), the dispute centered around the domain name “aguadulce.com.” The complainant, Sociedad Puerto Industrial Aguadulce S.A. from Colombia, claimed rights over the domain based on its Colombian registered trademarks, including “AGUADULCE,” which they had used since 1996 for their port business…