13 Apr '15, 4pm

Bring out the Pinata: UDRP fails

This is yet another case in which a complainant offers no proof whatsoever of several allegations essential to its case. As the Panel acknowledges the Complainant has included no evidence of its use of its FIESTA mark, no evidence that the word fiesta is in any way specially associated with the Complainant, no evidence of the “status and fame of the trademark,… [or] whether the domain name is used in connection with a purpose relating to its generic or descriptive meaning,” and no evidence of Respondent’s use of the disputed domain name. In a case in which the disputed domain name consists entirely of an everyday word in English and Spanish these omissions are fatal to the Complaint and to my mind inexcusable, especially when coming from a represented Complainant.

Full article: http://domainnamewire.com/2015/04/13/bring-out-the-pinata...

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