The well known company,Victoria's Secret,which is an American retailer of women's wear,lingerie,shoes and beauty products, got a split decision in a recent domain name case.
The company submitted a complaint to the National Arbitration Forum,requesting victoriassecretfa.com,victoriassecretbrasil.com, vendovictoriassecret.com, and vendovictorias.com domain names to be transferred from the respondent to the complainant.
The company represented by Melise R. Blakeslee has submitted evidence of federal trademark registrations for the VICTORIA’S SECRET mark with the United States Patent and Trademark Office.
Therefore,they contended that the disputed domain names are confusingly similar to its trademark.
Moreover,they contended that the respondent registered and used the disputed domain names in bad faith.
In his defense the respondent,Alexandre Almeida sent an e-amil to the Forum in which he tried to explain his intentions.
" 1- The Domain vendovictorias.com came from Vitoria Régia that is a famous plant in North of Brazil (Amazon Region) as you can see on this link bellow:
http://www.sumauma.net/amazonian/legends/legends-regia.html Attach #1
2- The Domain victoriassecretfa.com came from the same legend and FA is typed as FÁ that is the nickname of my wife and not FÃ that means fan in English.
Based on these two arguments does not make sense to me in transfer the domains to Victoria's Secret Stores, what I would like to suggest is to keep these domains for 3 months (that is when expire the domain names) and then I can transfer it to Victoria’s Secret Stores. I´ll use this time to create a new domain and keep my traffic.”
The Panel decided that the domain name vendovictorias.com not to be transferred and the others to be transferred from the respondent to the complainant.
You can see the decision here .
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