legal Fiesta.com Hit With A UDRP

[NPer]

The extremely generic domain name Fiesta.com has been hit with a UDRP filing.

The complainant is Dean & Simmons, Sàrl Heintz Van Landewyck S.à.r.l. which as the best as I can tell has a pending but not yet registered trademark on the term and is actually facing abandonment by April 2015.

Del Monte foods also has a recently filed trademark on the term Fiesta going all the way back to May 14th 2014.

As for the domain name it’s registered under privacy at Moniker but was owned prior to that by DomainCapital.com

The domain seems to have been parked forever and is currently at InternetTraffic.com

Interestedly the for sales link on the top of the page says the “domain may be available for sale by the Sync Foundation”
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Read More: http://www.thedomains.com/2015/01/20/fiesta-com-hit-with-a-udrp/

It was once listed at TRAFFIC Auction in 2008 with a high bid of $400,000, but it never sold.
Source: https://www.namepros.com/threads/full-traffic-live-auction-results.435132/#post-2561010

 

[Josh R]

IMO this is nothing short of attempted theft.

This company has NO RIGHTS to this piece of valuable digital property...

There needs to be a strict rule in place that penalizes companies like this for filing a UDRP with absolutely no grounds to do so.

 

[NPer]

IMO this is nothing short of attempted theft.

This company has NO RIGHTS to this piece of valuable digital property...

There needs to be a strict rule in place that penalizes companies like this for filing a UDRP with absolutely no grounds to do so.

I agree. It's completely crazy. I sure do hope that when the time comes, that the panel makes the right decision, and rules in favor of the registrant.

Here's an interesting situation, and definitely a good read:

Panel Decides To “Terminate” UDRP On Telepathy’s SDT.com W/Fed Case Pending + 1 Vote RDNH
http://www.thedomains.com/2015/01/2...pathys-sdt-com-wfed-case-pending-1-vote-rdnh/

 

[Name Trader]

But now they know about the TM's, they should avoid infringing on those TM's.

 

[NPer]

But now they know about the TM's, they should avoid infringing on those TM's.

I'm not sure I understand your statement... how did the registrant infringe on a pending TM?

 

[Name Trader]

I'm not saying they have. But they should check their DNS listings to make sure they are not infringing on any of the fiesta trademarks, now they have been made aware of them.

 

[Hypersot]

I'm sure I'm missing something here

isn't Fiesta a generic dictionary word?
as long as the domain is parked with no mentions on any TM fiesta name, wouldn't that suffice that the domain holder is not owning the domain in 'bad faith'?

... well, I just checked the domain and, unfortunately, it has a lot of TM links (like ford fiesta, etc.)

the owner should have parked the domain with only a 'for sale' link imo