Trademark attorney Josh Saltz successfully defends caracol.com in re-filed UDRP

Caracol.com (Spanish for “snail”) came under attack for the second time when in 2015 Caracol Primera Cadena Radial Colombiana S.A. (“Caracol Primera”) re-filed a Complaint under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) seeking a transfer of the domain. Twelve years earlier, Caracol Primera filed a similar Complaint under the UDRP which was denied for failure to prove that the domain was registered in bad faith. Attempting another bite at the apple, Caracol Primera argued that a 2015 offer by Respondent’s domain name broker to sell the domain to Caracol Primera suggested bad faith. In a detailed decision discussing the heightened standard for re-filed UDRP cases and the sale offer that came nearly eighteen (18) years after the domain was registered, the three member panel once again found that bad faith registration was not shown and denied the Complaint.

A copy of the full panel decision can be viewed here: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-1598

Josh Saltz is an associate attorney with Peretz Chesal & Herrmann, P.L.