BuiltByValenti.com UDRP: A Domain Name Dispute Between a Cosmetics and Construction Company

The domain name BuiltByValenti.com has sparked a UDRP dispute, centered on a rights dispute between the “By Valenti” cosmetics brand and the Valenti construction company. The complainant is Manuela Valenti LLC (also known as By Valenti Organics), which holds the trademarks for the BY VALENTI cosmetics line and the domain name byvalenti.com; the respondent is Troy Valenti, a Florida-based construction company that operates Valenti Development and construction-related businesses, and registered the BuiltByValenti.com domain in 2023.

BuiltByValenti.com UDRP: A Domain Name Dispute Between a Cosmetics and Construction Company

The complainant argues that the disputed domain name fully incorporates its BY VALENTI trademark, and that the respondent uses the “By Valenti” logo on its website and social media, with related emails showing that it searched for the keyword. This alleges that the respondent knowingly and maliciously registered the domain name with the intention of diverting traffic and exploiting the reputation of the cosmetics brand.

The respondent argued that “Valenti” is the name of their family’s construction business, which they have operated since the late 1990s. BuiltByValenti.com is a slogan domain, meaning “built by Valenti,” and was registered on the advice of an agency, without considering the complainant’s or their cosmetics business.

The panel acknowledged that “BY VALENTI” is identifiable within the disputed domain name, but accepted the respondent’s evidence: they had already established a surname-based construction business, cosmetics were unrelated to construction services, and there was no evidence that the complainant’s trademark was a well-known trademark; the respondent’s first search for “By Valenti” occurred after receiving a lawyer’s letter, and the website’s use of “by Valenti” was grammatically correct and did not constitute counterfeiting. Because there was no evidence of deliberate intent or targeting at the time of registration, the panel determined that there was no malicious registration, and the respondent used the domain in good faith and enjoyed legitimate rights. Final ruling: The complaint is dismissed, and the BuiltByValenti.com domain remains the property of the respondent.

News Source:DomainGang,This article does not represent our position.

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