The WIPO Case of Mr. Gildo Pallanca-Pastor vs. Tech Admin, Virtual Point Inc. (Case No. D2020-1698)

The WIPO domain name dispute case D2020-1698, decided on August 5, 2020, involved a conflict over the domain name . The complainant, Mr. Gildo Pallanca-Pastor from Monaco, represented by BBLM Avocats, France, claimed rights over the domain name due to his registered VOXAN trademarks, associated with motorbikes. The respondent, Tech Admin of Virtual Point Inc., from the United States, represented by Lewis & Lin, LLC, acquired the domain name via an auction in April 2020.

Prior to the acquisition by the current respondent, the domain name had various uses, including being offered for sale and redirecting to a motorcycle-related website. Post-acquisition, it was used to invite offers for its purchase. In response to the complaint, the respondent filed a lawsuit against the complainant, seeking a declaration that their registration and use of the domain name were lawful.

The WIPO panel found that the domain name was identical to the complainant’s trademark. However, the panel noted the respondent’s argument about the non-exclusive nature of the term ‘Voxan’. The panel acknowledged the respondent’s claim of unawareness of the complainant and his trademark at the time of registration. Additionally, the panel considered the respondent’s argument about the complainant’s trademark being obscure in the United States and the ongoing court proceedings filed by the respondent.

In conclusion, the panel decided against the complainant, denying the complaint due to the lack of evidence supporting the complainant’s claims of the respondent’s bad faith in registration and use of the domain name. The case highlighted the complexities of domain name disputes, especially when common terms are involved and the alleged infringer challenges the exclusivity and recognition of the trademark in question.

Source: WIPO Domain Name Decision: D2020-1698

The WIPO domain name dispute case D2020-1698, decided on August 5, 2020, involved a conflict over the domain name . The complainant, Mr. Gildo Pallanca-Pastor from Monaco, represented by BBLM Avocats, France, claimed rights over the domain name due to his registered VOXAN trademarks, associated with motorbikes. The respondent, Tech Admin of Virtual Point Inc.,…