Domain Name Caselaw | Chile | Facebook Succeeds in Cybersquatting Case

Facebook recently scored a win before NIC Chile, in cybersquatting claims brought against domain names facebookbot.cl and facebot.cl, registered by Digital Cloud Limitada, a Chilean company.

In addition to evidence produced by Facebook’s counsels, attesting to an intensive and constant use of their trademark, as well as to multiple existing registrations in different classes and jurisdictions, the arbitrator acknowledged trademark FACEBOOK’s renowned status to be a well-known fact.

The claims against the subject domains were based on Facebook’s trademark rights over the FACEBOOK trademark, both locally in Chile and globally, as well as multiple domains under the country code top-level domain “.cl”; and on the worldwide use of the subject marks, and the social network’s influence and reach around the world.

Despite being notified of the claims brought against its domains, Digital Cloud Limitada did not take part in the arbitration, which is a common scenario in cybersquatting cases.

In its decision, issued on January 10, the arbitrator ruled in favor of Facebook and cancelled both domain names, basing its decision on the fact that FACEBOOK is a renowned trademark, and that despite the domain name system allowing for the coexistence of domain names where the difference between them consists of a single letter, or other minor elements, it does not allow for the reproduction of a sign or expression that has gained renowned status as a result of a third party’s proprietary use in the market.

Click here to request a copy of the arbitrator’s decision or in case you wish any additional information.