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Barcelona.com is awarded to city

OUT-LAW News, 15/08/2000

The Spanish city of Barcelona has won the rights to the domain name Barcelona.com in a decision before a panel of the World Intellectual Property Organisation (WIPO) that could have implications for other place-name dot.coms.

The decision came this month from WIPO’s Arbitration and Mediation Centre, based in Geneva. The domain name barcelona.com was registered in 1996 by Concepcio Riera, a Barcelona resident. Earlier this year, she transferred the name to a company, Barcelona Inc., operated by her together with her husband. The web site of the address offers news and tourism information on the city.

However, the WIPO arbitrator did not consider this portal constituted evidence of a legitimate right to the domain name. The arbitrator also said that the name was being used in bad faith:

“...it is obvious that the main and only purpose of such plan is to commercially exploit information about the city of Barcelona in Spain and its province, particularly, using the information prepared and provided by (the city) as part of its public service."

The arbitrator suggested that it is reasonable to assume that anyone using the address Barcelona.com "would normally expect to reach some official body or representative of the city of Barcelona itself."

The decision has caused alarm to other commercial entities with domain names that are the same as place names.

 

 

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