The complainant claimed that the disputed domain name - Havaianas.co.nz - was being used as “an intranet” and was using the HAVAIANAS trademark “to attract their registered users.” The complainant had trademarks in HAVAIANAS and operated websites at havaianasstore.co.nz and havaianas-store.com and sold HAVAIANAS flip-flops, clothing, and other summer accessories, having traded for 60 years.
In seeking to establish that the registration was unfair, the complainant relied on the notoriety of the Havaianas trademark and its worldwide use and asserted that the respondent must have been aware of the complainant’s rights meaning that the registration was either a blocking registration or was made with the purpose of disrupting the complainant’s business.
The expert noted that only acts or omissions within three years of the complaint could be considered (this registration was made in 2005) and found that the complainant had not established an unfair registration. The expert also rejected the claim that due to irregularities with the domain registration data the registrant had knowingly provided false contact details. The request to transfer was declined.