This case certainly raises interesting challenges, but it is too bad it is over such a name. Banco and Chile may be generic and not easily trademarked (forgetting GAC for a minute) terms on their own, put together that is less true. For that matter, so are Bank and America, if some Chilean had registered bankamerica they'd probably lose it too, and it is unlikely a Chilean court would give it back, never mind that Chile is in the Americas. Bankamerica.com, not surprisingly, takes one to bankofamerica.com. |
I just can't get too worked up over this one, if Mr. Bord understands business and Spanish and domain names at all, he should have known he might be in for some trouble, and if he can afford a lawyer now perhaps he should have run this business plan past a knowledgeable lawyer in the first place. The fact that he now finds himself in this situation doesn't inspire much confidence that his running of some unspecified future business at this address would have been successful, even back in the last century when making money online seemed doable. For example, if one was intending to set up a site to allow Chileans to bank online, or even a site about Chilean banks, or banking in Chile, it seems unlikely it would be of much use if its proprietor (particularily given his apparent areas of expertise) did not know, did not attempt to find out, and could not even infer, that there might be problems with the name.
My pessimism has nothing to do with the merits of his claims, I'd like to see these issues adjudicated, some of them are long overdue for a proper hearing, and in a perfect world my above concerns wouldn't color the judgement. But, like some of the *sucks cases, it seems the UDRP decisions most in need of judicial review don't make it to court, whereas those that do are on somewhat shaky ground. I remain convinced that an impartial US court, given the right case and the right pleadings, would kick the stuffing out of the UDRP, and perhaps slap ICANN around as well. But IANAL and this isn't a perfect world. -g