Who gets to be the ‘Vet Expert’?

Vet Planet Sp. is a Polish company that provides veterinary diagnostics, medicines and nutrition services. The Company has several trademarks related to VET EXPERT. However, someone else registered the domain name VetExpert.com and was using it. The Company thus approached WIPO.

The Complainant claimed that it is known by the name ‘VetExpert’ across 30 countries. The Complainant possessed the European Union trademark and Polish national trademark over VET EXPERT. The Complainant also owns European Union trademark, United Kingdom national trademark and an International figurative trademark over VET EXPERT BASED ON EVIDENCE mark. The earliest of these marks was registered in 2008.

The domain name VetExpert.com was registered in November 2011 by the Respondent. The Respondent had been using the domain name to derive benefits from PPC links. The domain name before the trial was then redirected to point at cafe.naver.com/farhold.  The Response claims that the domain name was used to redirect to an automobile fan club. 

The panel found that the domain name was similar to the Complainant’s mark. The Complainant claims that the use of the domain name was legitimate, but no connection between the domain name and redirected platform was found. The Respondent usage of the domain name doesn’t give an impression of legitimate interest in the domain name. On top of it, the Respondent laid claims to use the domain name for the purpose of a VET coin business. 

The panel found the use of the domain name in bad faith and was transferred to the Complainant. 

You can read the full case here


Discussion

  1. David Blake Avatar
    David Blake

    The Complaint must specify three mandatory elements before filing the UDRP –
    (1) the manner in which the trademark and domain name are identical or confusingly similar; (2) why the Respondent has no rights or legitimate interests in the domain name; and (3) the manner in which the domain name was registered and used in bad faith.

Join the Discussion

Discover more from Domain Magazine

Subscribe now to keep reading and get access to the full archive.

Continue reading

Verified by ExactMetrics