Case Number: D2017-1351
Complainant: Comercializadora de Lacteos y Derivados
Represented by: Jalife Caballero & Asociados
A Mexican dairy company that tried to acquire a domain from Apple, Inc. has been found guilty of attempted Reverse Domain Name Hijacking by a three-member panel of the World Intellectual Property Organization. Comercializadora de Lacteos y Derivados, of Durango, Mexico, had sought transfer of the domain lala.com.
The case presented the panel a unique ownership history for lala.com, as well as a long trademark history from both the complainant and the respondent. The domain, itself, was registered in 1996, later acquired by La La Media in 2005. While the Mexican dairy concern does have Mexican and international trademarks containing the term, “la la”, La La Media also had trademarks for various word marks that were registered in the United States. Apple acquired La La Media and its music streaming services in 2009, and it discontinued the La La label in 2010.
The panel were not united in their opinion, with Panelist Pedro Buchanan Smith writing a partial dissent. Nonetheless, the majority of the panel found an abuse of process, and issued a ruling of RDNH in denying the UDRP complaint. The ruling was handed up October 23, 2017.