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Heineken Wants Heineken.tel Domain Name

Brewer files complaint with World Intellectual Property Association.

Heineken Espana, SA, has filed for arbitration at World Intellectual Property Organization to get the domain name Heineken.tel.

.Tel is a new domain name designed to be a business card on the web. Because .tel domain names can’t be developed as traditional web sites, I’ve wondered how an arbitrator would decide that a .tel domain was registered and used in bad faith. In this case, the owner of the domain clearly associates it with beer, writing:

EL AMOR A LA CERVEZA NOS UNIRA PRONTO TENDREMOS UN FORO PARA COMPARTIR NUESTRAS EXPERIENCIAS CON LA CERVEZA.

You don’t need to know much Spanish to know it’s about beer. It basically says there will soon be a forum to discuss beer. The owner’s email address also starts with ‘cerveza’.

This is the third domain dispute filed for a .tel domain name, and none of them have been decided yet. One has to wonder why Heineken’s lawyers didn’t get this domain name during the sunrise period, when it would have cost a lot less to register it than filing for arbitration.

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  1. Domain Investor

    I don’t know if it applies to this situation but I’m sure Heineken importers and distributors would have the right to use the name “Heineken”.

    Why fight over a .tel domain?
    Sorry, I don’t see this tld going anywhere.

    • Andrew Allemann

      @ Domain investor – that’s why trademark protection companies act like they’re against new TLDs to appease their clients but really want to see them released…it will be a huge payday for them.

  2. UDRPtalk

    For a good time, call HEINEKEN.TEL?

    Before visiting the site, I thought maybe the owner wanted to impress the ladies while downing a few cold ones at the local pub. Or maybe he owns a liquor store and wanted to deliver beer.

    Either way, I think we all know who will win this dispute…

  3. Andy

    I also wondered why UDRPs are being filed so quickly and I have a feeling it’s because trademark holders use professional services that help them spot infringements.

    So although Heineken may not have known about the .tel Sunrise process for trademark holders (or decided they didn’t want their .tel), since somebody else registered it they are obliged to defend their trademark and file a dispute.

    Sound about right?

  4. Domain Investor

    Quote –
    “trademark holders use professional services that help them spot infringements.”

    Do you suspect their law firm might generate/create business this way?

    They don’t make any money if they suggest their client register the .tel.

    But, they will make $ x,xxx – $ xx,xxx if they have to defend the TM.

  5. Dave

    Don’t buy trademark named domains! You will eventually get caught like this guy.

    I slap my forehead every time i see someone try to sell a domain with a trademark within it!

  6. Domain Investor

    Quote –
    “I slap my forehead every time i see someone try to sell a domain with a trademark within it!”

    And, what about the domainers that reg’d a domain years ago and a TM was created afterwards.
    And, if they try to sell the original domain, they lose the domain because of bad faith?

  7. Henry

    UDRP as presently constituted is a flawed process. But a case like this does not help domainers’ cause. We can do a lot to help ourselves.

    While trademark holders have every right to defend their mark in whatever form it is abused, “first use” rights cannot be ignored either when a mark is registered after the fact. The UDRP is becoming a de facto medium to wrest generic domain names away from their legitimate registrants under the pretext of bad faith. Sooner or later, parking a domain name may constitute bad faith.

    Like the Attorney in the case previously written about on this site, “cheapautosinsurance.com” rightfully pointed out, domainers need to do something about these meritless domain disputes. The full text of her comments can be found here: http://www.individual.com/story.php?story=103582594

  8. Steve

    I’ve the feeling the .tel domain has quite an appeal, beyond Web sites and therefore the lawsuits. Other domains were purchased upon release when the companies thought they meant something and ultimately gave up the process of doing so, soon before .tel was released.

    They thought it another Web site and figured at that point they would say “go spit”…instead they had a rude awakening 🙂

    Shouldn’t there be some cause for “inaction” to favor the current holder? Hienny had her chance, like everyone else to buy the domain during Trademark period, yet didn’t.

    I say, snooze you loose

  9. daytonac

    i’m with you steve, these companies had 2 months to register there dottel, hell i registered my business name 4 ways, so noone could buy it any other way. So by them not registering the name, what real right do they have to this, thinking that (the .tel) would go nowhere, why bother, and if it did become popular,they’d come back later a claim it as it was theres all along. If that were the true, then we shouldn’t be able to register trademarked.tel’s, but it isn’t the case. I guess people are starting to work out that they should have purchased, as new apps are being made available through different programers on a regular basis now, making this a very exciting tld, expect more cases in the future i guess, but i believe each company that files for this action will have to have a damm good reason for not registering, beyond the $300 initial outlay for the purchase or they did’t know.
    And ofcourse lastly why is Heineken Espana filing for this, should it not have been Heineken International B.V. challenging ownership of this dot tel. I can therefore only say, if you own a business and havn’t registered your dot tel, do it now, before someone else does, daytonac.tel

  10. nSathees

    Heineken was too drunken to see the benefit of .tel domain name. This will replace all the yellow and white pages.

    I own JohnnyWalker.tel and hope Johnnie Walker doesn’t come after it!

    By the way anyone interested in securing ForexTrader.tel or ExchangeRates.tel contact me!

    http://DomainStreet.tel

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