Panellist finds bad-faith registration based on fame alone

A World Intellectual Property Organization (WIPO) panellist has ordered the transfer of the domain name 'jordilabanda.com' to Jordi Labanda, an internationally-renowned designer from Barcelona, under the Uniform Domain Name Dispute Resolution Policy.

The defendant, Xavier Mañé, registered the domain name before Labanda had registered any related trademarks. Mañé claimed that he registered the name - which translates literally as 'Jordi and the band' - for the legitimate purpose of creating a website displaying photographs of his friend Jordi and others. Mañé argued that he had not:

• displayed any of Labanda's material in violation of the designer's intellectual property rights;
  
  
• made any offer to sell the domain name to Labanda; or
  
  
• used the name for any commercial activity.

However, the panellist considered that Mañé's use of the domain name was not legitimate because the designer is so well known in Barcelona, where Mañé lives. Accordingly, he concluded that Mañé had registered the domain name in bad faith.

Enric Enrich, Enrich Amat & Vidal-Quadras Advocats, Barcelona