The famous Catalan football club FC Barcelona, founded in 1899, has problems with the domain name holder of fcbarcelona.soccer. The lawyer of the football club sent the domain name holder a summons and wanted to settle the case by transferring the domain name to FC Barcelona. However, this did not succeed, after which the club resorted to a domain name procedure with the World Intellectual Property Organization.
FC Barcelona has several brand registrations , including an international registration from 2005.
There was a correspondence between both parties in April 2016 that the proprietor of fcbarcelona.soccer stated that he was a domain name trader and that he wanted a compensation of between € 345,000 and € 390,000 for transfer of the domain name. He said he already had an offer of € 165,000 but wanted more clearly. After sending various e-mails, the lawyer of FC Barcelona announced that the domain name holder wanted a new offer that was right to the size of the club - with a revenue of € 2.72 billion and a profit of € 565 million.
FC Barcelona did not go through this and started a domain name procedure for the WIPO. Such procedures must meet the following requirements:
- The domain name against which the proprietor wishes to act is identical or agrees to confuse the trademark;
- The domain name holder has no right or legitimate interest in the domain name; and
- The domain name has been registered in bad faith and is used in bad faith.
The other party did not submit an official defense but was satisfied with sending two emails stating that he had registered the domain name fcbarcelona.soccer in good faith and that he did not want to gain personal benefit from the sale, only a compensation for the costs incurred.
The case was clear for the disputes judge. The brand name FC Barcelona and the domain name are identical. The other party had no right and legitimate interest in the domain name, on the contrary, even. The correspondence clearly shows that the other party was mainly looking forward to selling the contested domain at FC Barcelona at a high price. A clear case of cybersquatting, taking advantage of the brand name of another's brand name. The registration of the domain name fcbarcelona.soccer was therefore in bad faith.
It follows that the domain name fcbarcelona.soccer must be transferred to FC Barcelona.
By registering the domain names that are of interest to you , you can prevent this type of procedure.