analysis A Namepros member Arbitrated by a Chilean company of domain ama(.)cl.

[domainnews]

Hello you all ，

I acquired the domain Ama(.)cl from the third party Sep last year，bidded and won the domain at last.

and the next day when the domain got into my accountand got an email from the NIC.cl claimed that the lawyer Sival.cl claimed that they are on the name of Amatime(.)com and required the NIC .cl to let them register the domain again .

After about 4 months of procedural waiting, I recently received an email from nic.cl regarding intellectual property, requesting that I shall be submitted my defense reasons. At the same time, the pary have already paid the arbitration fees and i have submitted the relevant defense reasons and materials too. The arbitration is scheduled to end on January 8th.

The three letters 'ama' have many meanings. For example, in English, it can be interpreted as 'ask me anything'; in Spanish, it means 'to love'; in Mexican Spanish dialect, it can mean 'mom', and so on. Moreover, my domain was originally registered earlier than amatime(.)com, and the party also own amatime(.)cl. Similarly, my domain was registered earlier than theirs, and my domain previously hosted a furniture website.

I want to know on what grounds they are arbitrating my domain. Could it just be because my domain contains the three letters 'ama'? Or, in other words, could the other party constitute reverse domain hijacking?

According to the three elements of domain arbitration, the other party obviously has no grounds to arbitrate my domain, and I have legitimate rights to use my domain.

What do you think of it and who will win the case in the end

Thank you

 

[MasterOfMyDomains]

More issues?
No sympathy here after the last cheese and whine party.
Hitting ignore button. Making namepros great again one click at a time

 

[jberryhill]

I want to know on what grounds they are arbitrating my domain.

Presumably, they filed a complaint which explains that, no?

 

[domainnews]

Presumably, they filed a complaint which explains that, no?

The answer is out ends in Jan ，8th，，to some extend，Im supposed that I would win the case in the end

 

[A-I-M]

The company was founded in 2013. To clarify any doubts, please note that all documents are in Spanish, and there have been previous legal rulings involving this company and similar domains.

An example https://share.google/jpRbO3sKH0WjFkUIZ

 

[A-I-M]

The company was founded in 2013. To clarify any doubts, please note that all documents are in Spanish, and there have been previous legal rulings involving this company and similar domains.

An example https://share.google/jpRbO3sKH0WjFkUIZ

CASE SUMMARY – amacompany.cl

Parties:
Claimant: AMA TIME SpA (owner of registered trademarks “AMA” and “AMA TIME” in Chile, active in baby food products).
Respondent: AMA & COMPANY SpA (cosmetics business).

Disputed Domain:
amacompany.cl

Claim:
The claimant argued that:
- It owns prior registered trademarks “AMA”.
- The disputed domain incorporates the word “AMA” entirely.
- This could create confusion among consumers.
- The respondent was allegedly benefiting from the reputation of the AMA brand.

Respondent’s Argument:
- “AMA” is a common Spanish word.
- The businesses operate in completely different industries:
• Claimant: baby food, juices, purées.
• Respondent: natural cosmetics.
- There is no real risk of confusion.
- The domain was registered legitimately and is actively used.

Tribunal’s Reasoning:
1. Mere similarity is not enough. There must be a real likelihood of confusion.
2. The companies operate in different commercial sectors (food vs. cosmetics).
3. “AMA” is a common word and cannot be monopolized absolutely.
4. “AMA TIME” and “AMA COMPANY” are visually and phonetically distinguishable.
5. Under the first come, first served principle, no superior right was proven.

Final Decision:
- The revocation request was rejected.
- The domain amacompany.cl remains with the current registrant.
- Each party bears its own legal costs.