Rain Forest , SL of Madrid, Spain just won the UDRP lottery and got the generic domain name RainForest.es
The decision was handed down in Spanish and we used Google translate into English
The panelist Albert Agustinoy Guilayn has some pretty disturbing language in this decision:
The Respondent is the holder of many generic domain names , most of which are publicly offered for sale . Thus, the use of the domain name seems to fit into an obvious speculative behavior . In this regard , the Respondent should have taken into account that while the name ” rainforest” is a generic term in English, this is not the case regarding the Spanish language.
The Respondent expressly acknowledged not only its public offering of the domain name , but his will – even at this stage of the process – to transfer the domain name exchange for alleged expenses whose amount has not justified mode any .
In the expert opinion, this proven willingness to sell domain name should be considered as an important element of bad faith of the Respondent .
Like I said troubling.
Here is the rest of the ruling:
The Claimant is a Spanish company created for the design , construction and management of zoos. Currently manages two parks in Spain under the name ” Bioparc ” .
The Complainant owns trademark No. 230425 Spanish “RAIN FOREST “, recorded with effect from March 5, 2002 in Class 41 of the International Classification .
Furthermore , Claimant holds the Spanish brand No. 2601153 “RAIN FOREST COSTA DEL SOL ” , recorded with effect from November 15, 2004 in Class 41 of the International
The Respondent is a German citizen who has not provided information on their circumstances or activity.
In this regard, the only data that the expert has noted regarding the Respondent is that apart from the domain name, owns a large number of domain names based on generic names in English (for example, tattostudio.US, handynews.info, muesli.us, cocktailbar.us, promise.dk and fairplay.us) .
The expert could also see that most of these domain names is publicly offered for sale and, in all cases , are connected to Web sites domain name parking .
The Domain Name was registered by the Respondent on February 17, 2013 .
At the time of issuing this decision, the Domain Name is connected to a web site operated by Sedo.com and offers numerous links to third party Web sites linked .…
