Thursday, February 26, 2015

That's Hilarious! UDRP Complainant Says That Respondent "Isn't Known" By his OWN First Name!

By Zak Muscovitch.

From the 'now I have heard it all file', Complainant corporation, Allesandro International of Germany actually claimed that Respondent, Allessandro Gualandi, an individual from New York, wasn't "commonly known" by his own first name - Allesandro! The UDRP dispute about >>allessandro.com<< was denied by the Panelist, Pablo A. Palazzi on February 16, 2015, but not before hearing the Complainant's desperate argument:

"Complainant states that the fact that Respondent given name is Alessandro does not constitute a right or legitimate interest in respect of the disputed domain name. Complainant states that the name Alessandro is a very popular and widespread Italian name. In that sense Complainant mention statistics of the use of the name Alessandro in Italy. Due to the high number of people named Alessandro it has to be concluded that Respondent is not commonly known by the name Alessandro because hundred of thousands of individuals have the same name as well. Therefore Respondent cannot claim any right or legitimate interest in respect of the disputed domain name because the name is not associated with Respondent in particular."

Do you get it? Since there are so many people named, Allesandro in Italy, Allesandro has no right to register a domain name corresponding to his own name. And instead, a German nail polish company should own it instead. Why? According to the Complainant, because "the trademark right of a company should prevail over the fact that a non famous individual happens to have the same name as the company and its trademarks." 

But there's more hilarity. The Complainant also remarkably claimed that, Respondent has registered 39 domain names which according to Complainant "is very uncommon for a natural person". Very suspicious indeed! Some of these suspicious names were <freshmozzarella.com> and <newpizza.com>. I am not kidding!

1 comment:

Ale said...

Zax, thanks for making me laugh.
I guess they do not like pizza.
Sincerely, Alessandro.
Alessandro@alessandro.com