Case Number: D2019-0113
Complainant: 2XT Tecnologia e Comercio de Informática
Represented by: Alexandre Rodrigues Atheniense
A Brazilian company selling online discounted airline tickets has been found guilty of attempted Reverse Domain Name Hijacking by a single-member panel of the World Intellectual Property Organization. 2XT Tecnologia e Comercio de Informática had been trying to gain control of the domain passagenspromo.com, which was registered in 2013. The company owns a trademark for the term “passagens promo www”, but that trademark was issued four years later, in 2017.
In issuing his ruling, the sole panelist, Wilson Jabur, wrote the terms “passagens” and “promo” are generic terms in Portuguese. “Such use could be considered coherent to the descriptive nature of the disputed domain name and in principle regarded as a legitimate use of the disputed domain name,” Jabur wrote.
Jabur explained his RDNH finding by observing the complainant knew the domain name registration preceded the issuance of a trademark, and that with the generic terms at play, attorneys for the company should have known they could never prove a bad-faith registration under such circumstances.