WIPO - Arbitration and Mediation Center - Domain name valdoly.com
WIPO - Mediation and Arbitration Center
SNC Centre Commercial Valdoly de Paris v/ Bolden SA
The company SNC Centre Commercial Valdoly de Paris (ALTAREA group), owner of the registered trademark "Valdoly" was represented by Caroline Casalonga, Lawyer and Pascaline Vincent, Lawyer.
A complaint was filed with the Centre for Arbitration and Mediation WIPO against BOLDEN SA (Luxemburg) that had reserved the domain name "valdoly.com".
The issued decision is entirely favorable to the company SNC Centre Commercial Valdoly de Paris and ordered the transfer of the disputed domain name.
The appointed Expert firstly noted that the disputed domain name "valdoly.com" identically reproduced the earlier mark “Valdoly” of the plaintiff and concluded that this similarity was confusing.
The Expert then noted that:
- The defendant did not hold any marks incorporating the term constituting the disputed domain name and was not known under Valdoly;
- The disputed domain name redirected to a website containing a text criticizing a vendor whereas it could be easily understood that the Centre Commercial proprietor of the earlier mark Valdoly was meant.
The Expert noted that the right to criticize could not be exercised from a name identical or similar so as to create confusion with the mark criticized. Otherwise, the identity of the trademark owner would be stolen and an injustified prejudice created.
The expert concluded that the defendant had no right or legitimate interest in respect of the disputed domain name.
The Expert finally noted that the defendant had offered to sell the domain name to the plaintiff for a price substantially in excess of the acquisition costs of the disputed domain name (35,000 euros) and found that the domain name had been registered to prevent the company SNC Centre Commercial Valdoly de Paris to use its trademark as a domain name.
The Expert concluded that the disputed domain name had been registered and used in bad faith.
Accordingly an order was issued for the transfer of the domain name "valdoly.com" to the company SNC Centre Commercial Valdoly de Paris.