Case Number: D2014-1367
Complainant: Arif Develier of Istanbul, Turkey
Represented by: Net Koruma Danışmanlık Hizmetleri, Turkey
WIPO Domain Name Decision: D2014-1367
A one member WIPO panel has found Arif Develier of Istanbul, Turkey, represented by Net Koruma Danışmanlık Hizmetleri, Turkey guilty of Reverse Domain Name Hijacking (RDNH) on domain name Develi.com
The Complainant is a private individual and states that it is the owner of the restaurant chain named “Develi”, which it notes is the first and only such chain in Turkey that has been operating for more than a century.
The Respondent asserts that the city of Develi is located in the central Anatolia Region of Turkey, was established over 200 years ago and pre-dates anything that the Complainant may have established. The Respondent submits that the Complainant fails to show that the use of the disputed domain name is likely to confuse the vast global Internet population.
The Respondent states that its use of the city name in the practice of offering vanity email, blogging and web hosting services bears no resemblance to the Complainant’s claims that it would be confused with the Complainant’s café or restaurant. The Respondent adds that it uses the name “Develi” for its descriptive purpose by providing paid search advertising based around the city name itself and supports this with a screenshot from the website “www.domaintools.com” which appears to show that the said site has been used since registration for paid links, albeit that the nature of the links themselves cannot be discerned.
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Source: http://www.thedomains.com/2014/10/27/arif-develier-of-istanbul-guilty-of-reverse-domain-name-hijacking/