Airlines Cathay Pacific have filed a domain name dispute (UDRP) over Cathay.com, vide case no D2020-2879. The Complaint is under Compliance review and the proceedings will begin soon. The domain registrant for the domain name is Forumnet, Inc. based at Madison, Wisconsin, USA.
‘Cathay‘ is a generic word to mean an alternative European historical name for China [source: wikipedia]. Further, it is also a first name for many individuals that is quite evident from social media websites. Normally, the legitimate interest are upheld in such cases, as was held in the matter of Deep Focus Inc. v. Doman Admin, Abstract Holdings International LTD; WIPO Case No. D2018-0518; <cassandra.com>]
“The Panel accepts that, where a party legitimately registers a domain name comprising commonplace or dictionary elements for sale, without intent to target the trademark of an existing trademark owner, then that offer for sale can give rise to rights or legitimate interests in the domain name as a bona fide offering of goods or services for the purposes of paragraph 4(c)(i) of the Policy (see e.g. Allocation Network GmbH v. Steve Gregory, WIPO Case No. D2000-0016; and Voys B.V., Voys United B.V. v. Thomas Zou, WIPO Case No. D2017-2136). The Panel finds that the same considerations are applicable to the registration of a personal first name. “
Further, the Domain Name has been registered since 1994, while the Airlines have been operation since 1983, when they applied for first Trademarks. It was filed in USA on 24 January 1983 for the ‘Cathay Pacific’ and have prior Trademark rights but still Complainant will not prevail, given the fact that the parking page at the disputed domain name does not make any reference to the Complainant or it’s competitors.
In any case, legitimate interest will be upheld and no bad faith could be found in any case, rather it should be upheld as a matter of Reverse Domain Name Hijacking !
Davinderpal S Bhatia says
Airline executives were sleeping all these years ? It’s like DonaldTrump.com laying a claim to Donald.com