Domain name containing Principality of Monaco's name cancelled

International
In Gobierno del Principado de Monaco v Principado de Monaco (Case DCO2009-0001, March 30 2010), the Principality of Monaco has obtained the cancellation of the domain name 'principadodemonaco.edu.co', which was owned by Colegio Campestre Principado de Monaco, a Colombian School.

The Principality of Monaco argued that:
  • the domain name was identical to its registered trademark PRINCIPADO DE MONACO;
  • the school had no legitimate interests in the domain name; and
  • the school had applied to register the domain name in bad faith.
The World Intellectual Property Organization (WIPO) panel ordered the cancellation of the domain name, considering that the three cumulative requirements set out in the Uniform Domain Name Dispute Resolution Policy had been met.
 
First, the panel held that the domain name 'principadodemonaco.edu.co' was identical to the registered trademark PRINCIPADO DE MONACO.

Second, the panel stated that the existence of the Principality of Monaco was uncontested. The Principality of Monaco had no links with the school, and had not authorized the school to use the name Principado de Monaco, or granted it a licence to use the name. Therefore, the panel considered that the school had registered the domain name in order to divert consumers to its website by misleading them into thinking that there was a connection between the school and the Principality of Monaco. The panel thus concluded that the school had no legitimate interests in the domain name.

Third, the panel considered that, because the existence of the Principality of Monaco was widely known, the registration of the domain name 'principadodemonaco.edu.co' by a party not related to the principality could not be considered to be in good faith. The bad faith of the school was further demonstrated by the fact that the latter used not only the name, but also official symbols of the principality on its website. Finally, the panel found that the school's refusal to cancel the domain name at the principality's request, together with the fact that the school failed to reply to the complaint filed with WIPO, were further evidence of the school's bad faith.
 
The domain name 'principadodemonaco.edu.co' was cancelled, rather than transferred to the Principality of Monaco, because domain names under the extension 'edu.co' can be granted only to Colombian education institutions.
 
Margarita Castellanos, Castellanos & Co, Bogota

Unlock unlimited access to all WTR content