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WIPO - Arbitration and Mediation Center - Domain name monaco-grand-prix.com


Decision date

2014-07-24

Decision No.

ADR-100840

Nature

Domain names

Jurisdiction

OMPI - Centre d’Abitration et de Médiation

Parties

AUTOMOBILE CLUB DE MONACO v/ PLATINIUM GROUP



The company PLATINIUM GROUP owner of the domain name “monaco-grand-prix.com”, was represented by Arnaud Casalonga Lawyer, Pascaline Vincent, Lawyer and Audrey Danel, Lawyer.

The company AUTOMOBILE CLUB DE MONACO, owner of the trademark "Monaco Grand Prix" filed a complaint with the WIPO Arbitration and Mediation Center of WIPO.

The complaint was dismissed and the company PLATINIUM GROUP retained its domain name.

The appointed expert considered that the domain name “monaco-grand-prix.com” chosen by PLATINIUM was similar to the trademark "Monaco Grand Prix" and "Monaco Grand Prix" and could create a likelihood of confusion in the public mind, even if the mark could be considered descriptive for certain categories of products and services in countries of French language.

However, the expert found that the company PLATINIUM GROUP had a legitimate interest in using the disputed domain name to the extent that its activity was to resell genuine tickets for the Grand Prix of Monaco which tickets had been purchased in advance directly and officially with the company AUTOMOBILE CLUB DE MONACO with whom PLATINIUM was in relations since at least 2009.

The WIPO Arbitration Centre accordingly dismissed the complaint of AUTOMOBILE CLUB DE MONACO and PLATINIUM GROUP retains its domain name.