Case Number: D2019-0455
Complainant: Brooksburnett Investments, Ltd.
Represented by: Internet and Law Legal Company
Brooksburnett Investments, which owns the Italian clothing label, Incanto, has been found guilty of attempted reverse domain name hijacking in its effort to acquire, via UDRP, the domain incanto.com. Brooksburnett Investments, which is headquartered in Cyprus, was represented by Internet Law and Legal Company, of the Russian Federation. The respondent, Schmitt Sebastien, of France, represented himself.
In issuing its ruling, a three-member panel at the World Intellectual Property Organization wrote that it had to search through a number of public records in order to establish material facts in its case, despite the fact both parties, complainant and respondent, made copious filings.
The panelists found, among other things, that the complainant’s assertion the “incanto” mark is unique and “world famous” to be less than genuine.
“‘Incanto’ clearly has recognition value as a dictionary word, and it is used far beyond the borders of Italy,” the panel wrote. “The WIPO Global Brand database lists more than 280 registered trademarks consisting of, or including, the word ‘incanto’; only a few of these belong to the Complainant.”
Additionally, the panel shot down the complainant’s argument that the respondent had demonstrated a “pattern of behavior” consistent with a cybersquatter, after Brooksburnett attorneys argued that Mr. Sebastian had been the target of a previous UDRP filing. That previous filing was rejected by a separate panel.
“The Panel here, as in the earlier proceeding, does not find the Respondent guilty of a ‘pattern’ of cybersquatting,” the current WIPO board wrote.
The panel handed up its ruling on April 16, 2019.