Donald Trump has lost a battle to get hold of the mar-a-lago.com domain, after failing to convince The World Intellectual Property Organization (WIPO) that it was being used by a cybersquatter.
The domain was registered more than 25 years ago by Marq Quarius, a Florida resident who claims to have registered the domain in tribute to pets that have died.
He claims the domain was named after three animals. âMarâ was apparently a dog named after Marq Quaris himself; the âAâ represents âAlfred,â a duck named after the film director Alfred Hitchcock; while âLagoâ was a nickname for âLag,â a cat that Mr Quariusâs family rescued.
The site was originally conceived as a place for anyone to post memorials of their pets, but it doesnât appear to have taken off. Instead, it now serves as a rather dated-looking memorial to Mr Quariusâs mother, with âwords of inspiration from around the worldâ.
Trump Complaint
The argument that the site was registered as a memorial to dead pets seemingly cut little ice with the former president, whose representatives argued it was âconfusingly similarâ to the registered trademarks of MAR-A-LAGO and THE MAR-A-LAGO CLUB, both of which refer to the luxury property that Trump owns.
âIt is evident that Respondent has registered and maintains the disputed domain name in bad faith with an intent to cause confusion, for commercial gain, and to deprive Complainant of using its famous trademarks as domain name to promote his business,â Mr Trumpâs representatives argued.
However, WIPOâs Arbitration and Mediation Center wasnât persuaded by Trumpâs arguments, pointing out that âRespondent has retained and used the disputed domain name for essentially non-commercial purposes for more than 25 years, without trying to sell it to the Complainant or third partiesâ.
âEven when the Complainant tried to purchase it, the Respondent asked for the proceeds to be given to a charity,â WIPOâs adjudication added. âThese facts are not consistent with typical cybersquatting behavior and lend credence to the Respondentâs account.â
The WIPO panel did raise an eyebrow at the way the domain name was arrived at, stating that âthe account given by the Respondent as to his reason for having registered the disputed domain name may seem to be a stretch; to the extent this explanation could be fabricated and sought to mask an intent to cybersquat.â
However, it added that proving such intent would ârequire detailed evidence and information,â which wasnât provided in Mr Trumpâs complaint. Consequently, the complaint was denied.
âBullyingâ Trump
Domain industry experts say such cybersquatting disuptes are common, but that the Trump organization didnât arrive with sufficient evidence.
âThe big companies will use professional IP firms, who were very diligent about what they’re filing and make sure that every box is ticked before they file,â said Stuart Fuller, the top-level domain services director at Com Laude. âTo me, this suggests that the Trump Organization is using the fact that they are the Trump Organization to bully the guy into into selling the name.â
Nowadays, companies such as Com Laude will help big firms ensure that their intellectual property is protected across multiple top-level domains, but such services didnât exist 25 years ago when the mar-a-lago.com domain was registered. âIt literally was the Wild West in terms of filing registrations,â said Fuller.