Texas Mexican restaurant chain tries to reverse domain name hijack from an Alabama restaurant chain.
A Texas chain of taco restaurants has lost a domain name fight with an Alabama Mexican restaurant chain and was found to have engaged in reverse domain name hijacking.
Roy Upshaw d.b.a. Taco Casa and R&S Upshaw Franchising, LLC, filed a cybersquatting complaint against the domain name TacoCasa.com.
But it’s clear that the owner of TacoCasa.com registered the domain names for his own business. A business that has been operating since the 1970s, no less.
The domain registrant operates a chain of seven fast food Mexican restaurants in Alabama called Taco Casa.
As World Intellectual Property Panelist W. Scott Blackmer pointed out, it was plain as day that this wasn’t a case of cybersquatting:
Here, the Complainant offered few supporting facts, misstated a material fact (that the Respondent did not commence business until after the application for the first mark now held by the Complainant), and ignored evidence (available on the Respondent’s website and in conversation with the Respondent’s counsel) that the Respondent indeed possessed well-established rights and legitimate interests in the Domain Name long before the dispute arose.
The Complainant was represented by Norredlaw PLLC and the Respondent was represented by Bradley Arant Boult Cummings LLP.
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Author: Andrew Allemann