A three member UDRP panel just rejected the attempt of WALA-Heilmittel GmbH of Bad Boll, Germany, to grab the domain name Wala.com
This is another UDRP with an interesting set of facts which was first registered in 1999 and for a time had on its homepage a message that the domain was for sale for $5,000,000.
Here are the revelant facts and findings by the three member panel:
The Complainant is incorporated in Germany.
Since the 1930s, it has developed, produced and marketed natural and homeopathic medicines under the name “Wala”.
The Complainant has branches in Australia, Belgium, Chile, Denmark, Finland, France, Greece, United Kingdom of Great Britain and Northern Ireland, Hong Kong, China, Ireland, Italy, Japan, Canada, Croatia, Malaysia, Mexico, New Zealand, The Netherlands, Norway, Austria, Poland, Portugal, the Russian Federation, Sweden, Switzerland, South Africa, Spain, Turkey, Hungary and the United States of America.
The Complainant owns a range of registered trade marks for the word WALA including a German Trademark registered in 1996 and a US trademark registered in 1991
On or about September 14, 2000, the Respondent uploaded a web page at “http://wala.com/lasik/” to thank the doctor with whom he had had successful Lasik laser eye surgery.
On or about April 2, 2001, the Respondent forwarded the disputed domain name to a website consisting of an index to the Quran.
In 2003/2004, the Respondent used the disputed domain name for an information website about a new business he was starting, called “JOB General Transport”.
On May 17, 2004, the Respondent incorporated a general trading company in Dubai by the name of “Canada FZE”. (The acronym, FZE, stands for “Free Zone Establishment”. A “Free Zone” enables foreign-owned businesses to be licensed in the UAE.)
For most or all of the period from about July 2004 to 2010 the home page of the website comprised different versions of a “not for sale” notice, one of which comprised a translation of the term “Not for Sale” into ten languages.
An archive WhoIs record dated September 4, 2004, shows that the registrant and administrative contact name was “Iyad Aswad” and what appears to be a complete (Dubai) address is given for both contacts. There was also an “aswad@[...]” email address and a telephone/fax number.
From 2004 to 2006, the Respondent used the website to upload photos of various trips abroad, although not visible to the public from the front page of the website.…
