Company makes unsubstantiated claim in its dead-on-arrival UDRP.
A World Intellectual Property Organization panel has found Todococheweb SL to have filed a UDRP in bad faith against the owner of TodoCoches.com.
“Todo coches” is Spanish for “All Cars”.
The domain name has also been used for a site about cars, so the panel found that it was used in its descriptive sense. In other words, the current owner has legitimate interests in the domain name.
The panel also determined that the respondent registered the domain name prior to the complainant forming its business, so it could not have been registered in bad faith.
Todococheweb also made a bizarre claim that the owner of the domain name was a former employee of its company. The respondent vehemently denied this and the complainant did not submit evidence.
Citing apparent inaccuracies and a dead-on-arrival case, Panelist Reyes Campello Estebaranz found Todococheweb SL to have brought the case in bad faith.
The complainant was represented by Trebia Abogados.
Andrea Paladini says
“Todo coches” is Spanish for “All about Cars” (not for “All Cars”). 🙂
Joseph Peterson says
“Everything Cars” as in everything car-related.
Andrea Paladini says
From their website: “Coches – información y noticias del automóvil – Todo sobre Coches”, “Todo la información que puedas imaginar relacionada con los coches la tienes en Todocoches, web líder en información y recursos sobre coches.”
Thanks, but I don’t need Spanish lessons from you.
Joseph Peterson says
Andrea, you are unnecessarily touchy and defensive.
My translation was a supplement to what you said not an assault on your dignity!
Pause, take a deep breath, and have a long look in the mirror.
C. S. Watch says
It’s great to see a panelist who has the internet proficiency to act on the duty of fairness mandate. Also good to see the case manager appoint Ms. Reyes Campello Estebaranz, a first-language speaker of the language of the domain name itself, which is a necessity in assessing genericness. From Ms. Campobello Estebaranz’s decision: ‘…it is a consolidated doctrine in application of the Policy that the Expert may conduct inquiries in the context of the dispute to clarify the allegations.’ She’s checking the historical website data, she’s verifying trademark use and expiry dates online—superb.
Complainant Jose Amos Garcia Magallanes, and his ‘domain acquisition’ team, Trebia Abogados, have repeatedly misled the panel, and she’s not having it. It doesn’t hurt that the Respondent is a longtime internet professional, and he cites traffic stats showing why he’s being robbed by Magallanes.
Trebia Abogados is similar to Fairwinds in the US—it’s not a partnership of lawyers, and the founder is not an attorney. Such firms ‘exploit the UDRP’s evidentiary limitations’ where a law firm would not. (Not unless the partners wish to be disbarred.) The filing attorney’s name was omitted in the decision. Let’s make sure that Trebia Abogados’ small team, Alvaro Martinez (founder-businessman), and attorneys Carlos Saez, Alvaro Saez, Borja Hernandez, John F. Fernandez, and Cristina Romera, get their shout-out.
Police your boss and draw the ethical line, louts. You’re a lawyer, not a potted plant.
John says
Could not agree more. The arrogance of some panelists in determining genericness or the lack thereof in a major language that they know nothing about is astounding. And sadly they sometimes aren’t proficient enough in Google to make up for it.
Perez says
In spanish, a lot of domain names start with “todo”, such as todojuegos, todoviajes, todoapuestas, todocine. .. It’s like “all about/for something”.
Full resolution here:
http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2016-2343