UDRP decision shows difficulty to prove bad faith when domain name is common dictionary word

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organisation, a three-member panel has denied the transfer of a domain name because it was a Spanish dictionary word and there was insufficient evidence that it had been registered and used in bad faith.

The complainant was Grupo Hotelero Brisas SA de CV of Mexico City, a company founded in 1956 that owned and operated hotels in Mexico. It was the owner of various trademark registrations, including the Mexican trademark registration No 325882 for LAS BRISAS, registered in 1987.

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