Thread: WIPO Case: Philadelphia.es

I notice there's a pending WIPO UDRP case involving the domain Philadelphia.es. The complainant is Kraft Foods (the food company that makes the Philadelphia cream cheese).

Of course, Philadelphia is also a US city.

Philadelphia.es does not resolve to a website, and I couldn't see anything on Archive.org.

This will be an interesting case to follow, don't you think?!

Here's the Philadelphia.es decision (plus English translation).The respondent, who did not file a response, lost the domain to Kraft Foods. As far as I can tell, this generic domain name was not parked. I've seen cases where the respondent won even though they didn't file a response. I think this should have happened in the Philadelphia.es case.

I don't see how the respondent infringed on Kraft's food-related trademark and I think this is a worrisome decision. What about Philadelphia the city? What about company names that incorporate the word "Philadelphia?" What about those that also own trademarks that include the word "Philadelphia." In short, I don't believe Kraft Food owns exclusive right to the term Philadelphia...

The thing about WIPO cases is that their decisions can be capricious as hell...

Wasn't there a recent case where the arbiter started prattling about how their (WIPO) decisions weren't reliant on precedent, then to justify this position, he basically just strung together a bunch of random legalese that had no decipherable meaning?

I think people are quick to refer to institutions they disagree with as being a 'joke'.
Truly, by every objective standard, the rulings in the WIPO/UDRP process are an absolute, gut-busting joke over 50% of the time.

It's like they want all the authority inherent to a procedural system of redress, without bothering to take the necessary steps to ensure it's fair and equitable. They truly define "Kangaroo Court"