Domain name recovery before the WIPO Arbitration and Mediation Center

On December 31, 2009 the WIPO Arbitration and Mediation Center ordered the transfer of the domain name <iga-la.com>, registered by the Paraguayan company SAT SRL (SAT), to Instituto Gastronómico Argentino (IGA), on the basis that is has been registered in bad faith.

On August 13, 2009, IGA and SAT had executed an agreement whereby SAT undertook to promote IGA’s services in Paraguay. On that same day and in clear bad faith, a representative for SAT registered the domain name <iga-la.com> in his own name. Shortly after, he built a website which offered competing services to those of IGA.

In so deciding[1], the Panel considered that IGA had proved the three elements of paragraph 4.a) of the Uniform Dispute Resolution Policy, namely:

(i) to be the holder of a trademark identical to the disputed domain name,
(i) that the defendant had no rights or legitimate interests in the domain name, and
(i) that the defendant had registered and used the domain name in question in bad faith.

Moreover, the Panel acknowledged that the agreement executed by the parties did not provide for any authorization whatsoever for the use of the trademark “IGA” nor for the registration of the disputed domain name. At the same time, the Panel noted that the disputed domain name was being used in connection with a website which offered competing services to those of the Complainant, which could not be considered a bona fide use of the disputed name.

The Center gave notice of the Panel’s decision upon the Registrar for its fulfillment and on February 18, 2009 the disputed domain name was effectively transferred to IGA.

[1] http://www.wipo.int/amc/en/domains/decisions/html/2009/d2009-1476.htm