news Bosch.net Complaint Denied

[TauseefKhan]

Just an ago I received an email from WIPO detailing " Most recently notified WIPO domain name decisions" And, one decision stands out to me was of Bosch.net for which the complaint was denied. It was quite unusual to note a famous mark losing a UDRP. The .com version looks to be owned and operated by Bosch. Interestingly respondent admitted to being aware of Bosch trademark and its popularity. But, further added that "bosch" is derived from the Dutch word for "forest", and that Bosch is the 64th most common surname in the Netherlands, the 247th in South Africa, the 305th in Spain, and the 456th in Germany. It says that "bosch" is within the top 5,000 most common surnames in the world. more here

 

[mr-x]

Domain wasn't used with bad intent. Good decision.

 

[JanO]

I can confirm Bosch is a very common name in the Netherlands. For instance famous painter Jheronimus (Jeroen) Bosch or the city of Den Bosch. It's, indeed, also obsolete Dutch for a forest ( it's now "Bos" instead of Bosch)

 

[jberryhill]

It didn't help the Complainant's case that they completely made up their description of how the domain name is used.

https://domainnamewire.com/2018/03/05/tucows-gets-rdnh-ruling-bosch-sloppy-udrp-filing/

Well, Tucows’ attorney John Berryhill noted that Bosch selected representatives based in India to act for it in filing the Complaint even though the case has nothing to do with India. He suggested this is because India is a jurisdiction where legal counsel cannot readily be held to account for making untrue statements.

 

[1Darko]

It didn't help the Complainant's case that they completely made up their description of how the domain name is used.

https://domainnamewire.com/2018/03/05/tucows-gets-rdnh-ruling-bosch-sloppy-udrp-filing/

Well, Tucows’ attorney John Berryhill noted that Bosch selected representatives based in India to act for it in filing the Complaint even though the case has nothing to do with India. He suggested this is because India is a jurisdiction where legal counsel cannot readily be held to account for making untrue statements.

jberryhill, will there be an epilogue in court for RDNH?

 

[jberryhill]

That's not up to me.

 

[DNWon]

So the "amoral of the story" I guess would be to hire Indian attorneys to file your UDRP because they can say absolutely anything in their complaint without repercussions?
Have you come across this before? @jberryhill
Is WIPO aware of this legal loophole?

 

[jberryhill]

It's more of a guess, really. The two things that I kept wondering about during this proceeding is (a) why would they so spectacularly mis-describe their own evidence and (b) why is a German industrial company using a law firm in India?

Not to besmirch India, but their legal system can tie matters up for a very long time without a whole lot of progress.

But points (a) and (b) above suggested to me that they might have a single answer.

 

[siravi]

Thanks for the information.