Former Employee Must Transfer TheWebsite Domain To The Establishment Owner.

For the expert, the former employee did not prove the use of the domain name with content that could be justified or legitimate interest.

The expert Maitê Cecilia Fabbri Moro, from the Center of Dispute Settlement, Mediation and Arbitration in Intellectual Property of ABPI – Brazilian Intellectual Property Association, determined that former employee transferred the website domain with trademark of Bar to the establishment owner. For the expert, the former employee did not prove the use of the domain name with content that could be justified or legitimate interest.

The establishment owner requested the transfer to himself of the domain www.bardomeionoronha.com.br registered under the name of his bar by a former employee. He claimed he is the owner of the trademark before INPI, the Brazilian PTO, and received with surprise the information that the former employee had appropriated the domain.

The former employee, in turn, highlighted that he was a lessee of the establishment located at Fernando de Noronha and used it commercially between the years 2014 and 2016 and that at the time the place was known only as “Bar do Meio.”

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