Coffee company loses dispute against GoDaddy’s NameFind.
NameFind, a GoDaddy subsidiary with a portfolio of about 1 million domains, has successfully defended its domain cappuccine.com in a UDRP.
The panel found (pdf) that the Complainant, Cappuccine Specialties, filed the case in bad faith as an attempt of reverse domain name hijacking. Cappuccine Specialties uses the domain cappuccine.net.
One of the critical issues is that cappuccine is the feminine plural of the Italian word cappuccino, making it a dictionary word.
The panel noted that the Complainant didn’t provide evidence regarding the reputation of its registered and unregistered trademark rights, thus not making a prima facie showing that the Respondent lacked rights or legitimate interests in the domain name. This would be important given the generic nature of the domain name.
In finding reverse domain name hijacking, the panel stated that the Complainant ignored the obvious dictionary meaning of the word cappuccine.
Earlier in the decision, it pointed out that the Complainant falsely claimed the Whois record for the domain was protected by privacy. It was not.
Novagraaf represented Cappuccine Specialties. Levine Samuel LLP represented GoDaddy.