Intercontinental Hotel in Kabul, Afghanistan can keep its domain.
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Release time:2012-01-04
Browse:4472
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Local hotel can keep its domain name — which may seem trivial given the day-to-day challenges of operating a business in Kabul.
Looking for a weekend getaway to Kabul, Afghanistan?
Perhaps you’d like to stay at the Intercontinental Kabul, given Intercontinental’s international reputation.
But the hotel in Kabul hasn’t been licensed by Intercontinental since Russia invaded Afghanistan in 1979.
That made for a rather interesting domain name dispute brought by Inter-Continental Hotels Corporation against the Kabul hotel’s web design company over the domain name IntercontinentalKabul.com.
Ultimately, panelist Tony Willoughby was not swayed by the hotel chain’s complaint and expressed frustration at the litany of cases cited by its lawyers. Willoughby said many of the cases have nothing in common with the current case:
If a sense of irritation has crept into the Panel’s language here, the reason can best be illustrated by the Complainant’s citation of Six Continents Hotels, Inc. v. Trasporto di Networ and Pro Intel, WIPO Case No. D2004-0246, a case involving a blatant typosquatter…
He wrote:
Whatever else the Respondent may be it is not a typosquatter; nor is it using the Domain Name for a portal site; nor, in the view of the Panel, is it a typical cybersquatter.
Willoughby then cited two dozen cases referred to in the complaint that address these types of cases and are very different from the instant case.
In finding against the hotel brand, Willoughby wrote:
In summary, the factors which have led the Panel on the present record to dismiss this Complaint under the Policy are:
(i) the shortage of information on the history of the Respondent’s hotel;
(ii) the absence of any attempt to enforce the Complainant’s rights to restrain use of the “offending” name;
(iii) the absence of any explanation for the failure of the Complainant to enforce its rights;
(iv) the absence of any correspondence with the Respondent and/or its predecessors;
(v) the apparent fact that the Complainant has not conducted any hotel business in Afghanistan since 1979;
(vi) the suspicion that the Panel has not been given the full story.
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