Sunday July 31,2011 : Respondent intended taking advantage of a well-known brand
The World Intellectual Property Organisation (WIPO) handed down judgment in a case brought by Gran Madrid Casino SA (casinogranmadrid.es) against the registered owner DISVEN2003 of casinogranmadrid.com, the website suffix the only differentiating factor between the two domain names.
While casinogranmadrid.com was described as passive without activity, Gran Casino Madrid believed the website would mislead visitors to thinking the company had ceased and no longer offered any services thereby damaging its reputation.
Along with the fact that the respondent registered a domain name claiming no prior knowledge of the well-known casino while living in the same municipality, it was surmised that the respondent intended taking advantage of a well-known brand that would require a domain name with the .com suffix in the future.
WIPO concluded the domain name had been registered and used in bad faith and ordered the domain name transferred to Gran Madrid Casino SA.