Who gets CocoChoco.com?

Some names are strategic because of its popularity or the meaning that it imparts. However, certain uncommon words that are funny to pronounce can also be a prospective brand name. 

Forum witnessed a unique case regarding the use and registration of the domain name CocoChoco.com. Interestingly, none of the parties manufacture chocolate! 

The Complainant here was G.R. GLOBAL COSMETICS LTD. The Complainant is a distributor of Cosmetic and hair care products. The Complainant owns the trademarks over COCOCHOCO with registrations in the European Union and the US, with the earliest registration in December 2014. The Complainant also claims usage and common law rights over the same since January 2009.

The Respondent is a domain name investor. The Respondent registered the domain name in April 2009 and claims it as a part of his bona fide investment. 

The panel found that the Complainant registered the trademark earliest by December 2014, while the disputed domain was registered in April 2009. Although the use of the mark was stated by the Complainant to begin in January, it was only 3 months prior to the domain registration. And that also at the earliest stage. It is difficult to establish that the Respondent registered the domain name with the Complainant in mind. 

The Complaint was denied.


You can read the full case here.


Discussion

  1. Mark Beck Avatar

    When you search for COCOCHOCO on google, the first link you get is for amazon selling a Brazilian Keratin Hair Treatment, which I guess is completely relevant. However the complaint was denied due to right reasons.

  2. Larry Colt Avatar
    Larry Colt

    It’s also important to note that disputes over domain names are often resolved through UDRP (Uniform Domain-Name Dispute-Resolution Policy) and the outcome of these disputes can be unpredictable, as it depends on the specific facts and circumstances of each case. In this case, it is likely that the company had filed a UDRP complaint which was denied as the panel found that the complainant registered the trademark earliest by December 2014, while the disputed domain was registered in April 2009 and it is difficult to establish that the respondent registered the domain name with the Complainant in mind. Therefore, having a clear registration date, use rights and making a clear claim of the domain can be important in any legal dispute over a domain name.

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