No bad faith where there was no evidence Respondent targeted Complainant’s mark

In the case of Bagley Argentina S.A. v. Anything.com Ltd., a three-member WIPO Panel denied the Complainant’s efforts to have the domain name <bagley.com> transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith.

The Complainant is based in Argentina and has been in the business of selling biscuits and crackers since 1864. It claimed rights in its mark BAGLEY which it has registered in several countries, though most of those registrations were acquired after 2002.  The Respondent registered the disputed domain name on September 27, 1999, and used the disputed domain name to establish a website which pay-per-click links.

The Panel found that the Complainant failed to demonstrate that the Respondent registered and used the disputed domain name in bad faith. The Respondent denied it knew anything about the Complainant’s mark when it registered the disputed domain name. The Panel, for a number of reasons, sided with the Respondent. Among the reasons for the Panel’s decision was the lack of any showing that the Respondent had attempted to target the Complainant or the Complainant’s trademark.


Evan_BrownAbout the Author: Evan Brown is a technology and intellectual property attorney helping clients with a wide variety of issues, including domain name disputes under the UDRP. Call him at (630) 362-7237, send email to ebrown [at] internetcases.com, or follow him on Twitter @internetcases. Read Evan’s other blog, internetcases, for more information about general internet law.