WIPO rules in favor of the Mexican company XCA Tours and Transfers USA, S.A. DE C.V.

Jan 21, 2016, 11:30 ET from XCA Tours and Transfers USA, S.A. DE C.V.

PLAYA DEL CARMEN, Mexico, Jan. 21, 2016 /PRNewswire/ -- The World Intellectual Property Organization (WIPO) ruled in favor of the Mexican company XCA Tours and Transfers USA, S.A. de C.V, which was sued by the Canadian owned company Entertainment Plus.

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Transfers-USA, is a private transportation company based in Mexico.  Their service has been used by tourists and travelers from all around the world. Delivering satisfaction to its users, it provides transportation on private vehicles serving Cancun, Mexico City, Punta Cana, Montego Bay, and other popular destinations. Transfers-USA is the least expensive option. You can travel from Cancun to Playa del Carmen for only $60usd for groups of 10 passengers.

On August 31, Entertainment Plus filed a complaint against the company XCA Tours and Transfers USA, S.A. de C.V., holder of the domain name https://transfers-usa.com, arguing that the disputed domain name was confusingly similar to a trademark owned by the complainant comprised by the words "USA" and "Transfers". As it was expected, the complainant made a number of accusations, in a failed attempt to hijack the defendant´s website.

The Decision

After nearly two months of analysis, the WIPO stated that "the Complainant's trademarks are combined word and device marks, and the Panel finds that the Complainant's trademark rights in USA TRANSFERS do not prevent the Respondent from using the terms "usa" and "transfers" in consonance with their ordinary dictionary definitions…" Owning trademark rights on generic, descriptive, and/or geographical terms "…does not mean that those rights can be used to bar the fair use of common words used for their common meaning)." Trying to do so would be an attempt to monopolize. In other words: If you have a trademark on "Mexican Mobile", that doesn't gives you the right to shut down every cell phone store in Mexico.

According to the WIPO panelist, the complainant´s accusations have no ground and "the respondent has used the disputed domain name in connection with a bona fide offering of services"; "the respondent does not impersonate or disparage the Complainant in the website associated with the disputed domain name" and "the respondent's website does not reproduce the complainant's composite marks".

Following this decision

The company XCA Tours and Transfers USA, S.A. de C.V., continues delivering satisfaction to every tourist traveling in their vans, working with its domain name, and now supported by the WIPO's decision.

Sources: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2015-1528

SOURCE XCA Tours and Transfers USA, S.A. DE C.V.