A domain name dispute in the Florida real estate industry has been settled. The World Intellectual Property Organization (WIPO) has ruled against the plaintiff, the trademark holder, ordering the domain name OrlandoLiving.com to remain the property of the defendant, Roberto “Bobby” Baldor.
The core of the case revolves around the boundaries of rights to a geographically descriptive trademark. The plaintiff, Mitchell Kesller Holguin Fortunato, held the “ORLANDO LIVING” trademark (with “orlando” abandoned) registered in 2020 for real estate services. After purchasing the OrlandoLiving.com domain for $9,995 in August 2022, he discovered that the defendant, Baldor (also an Orlando real estate agent), was using the domain for his “Baldor Group” website and emails.
The plaintiff argued that the domain name and trademark were identical, and that the defendant’s use in the same market misled consumers and diverted customers. Furthermore, the defendant continued to use the domain despite receiving two infringement notices, demonstrating malicious intent. However, Baldo, through his lawyer, countered that “orlando living” is a widely used descriptive term, the trademark is overly descriptive, and his business volume far exceeds that of the plaintiff. He claimed he was unaware of the plaintiff and related trademarks when registering the domain, using it merely as a descriptive URL rather than a brand name.
WIPO panel member David Bernstein pointed out that while the plaintiff had standing under federal trademark registration and the domain name and trademark were identical, there was no evidence that Baldo was aware of the plaintiff’s existence at the time of registration. Moreover, his use after receiving the notices was on his lawyer’s advice and did not constitute malicious intent. Because malicious registration and use were not proven, the plaintiff’s claims were dismissed; simultaneously, the defendant’s request for reverse domain hijacking was also dismissed due to reasonable controversy.
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