A decision was published just recently by the world Intellectual residential or commercial property organization (“WIPO”) finding group One Holdings Pte Ltd, Camiseta Rangers FC the business that has as well as operates One Championship, guilty of “Reverse domain name Hijacking”.
In the recent situation (Group One Holdings Pte Ltd . Steven Hafto) the respondent registerd the domain name onechampionship.com in October, 2006, numerous years before ONE Championsnip existed as an MMA promotion.
In 2016 ONE contacted the respondent as well as went into into negotiations to purchase the domain name. The negotiations did not be successful with ONE then issuing a formal grievance to WIPO. The grievance was quickly dismissed with WIPO discovering this was a traditional situation of reverse domain name hijacking. In dismissing the grievance WIPO offered the complying with reasons:
The respondent argues that the Complainant brought this situation for industrial functions without any type of legal best to the disputed domain name after failing in the market to obtain the disputed domain name.
Paragraph 15(e) of the guidelines offers that, if “after thinking about the submissions the panel discovers that the grievance was brought in poor faith, for example in an attempt at reverse domain name Hijacking or was brought mainly to harass the domain-name holder, the panel shall state in its decision that the grievance was brought in poor belief as well as constitutes an abuse of the administrative proceeding”. RDNH is defined under the guidelines as “using the policy in poor belief to attempt to deprive a registered domain-name holder of a domain name”.
The Panel considers that the Complainant has been guilty of RDNH for the complying with reasons:
i. The Complainant has failed by a big margin. In the Panel’s opinion, the Complainant understood or at least ought to have understood that it might not show one of the important UDRP elements. The Complainant’s agents quoted extensively from UDRP situation legislation as well as the Panel believes it unlikely that they were uninformed of the present overwhelming view of UDRP panelists as to the requirement to show registration in addition to utilize in poor faith.
ii. In the Panel’s view, this is a traditional “Plan B” case, where the Complainant at first attempted to obtain the disputed Camiseta Watford FC domain name Camiseta Selección de fútbol de Corea del Sur making no mention of the UDRP or any type of other legal rights. Then, having been frustrated in its negotiations to purchase the disputed domain name, it resorted to the supreme choice of a extremely contrived as well as synthetic insurance claim not supported by any type of facts or the ordinary wording of the UDRP. This stratagem has been explained in numerous UDRP situations as “a extremely incorrect purpose” as well as it has contributed to findings of RDNH. See, e.g., Patricks universal Export Pty Ltd. v. David Greenblatt, WIPO situation No. D2016-0653 as well as BERNINA worldwide AG v. domain Administrator, name administration Inc. (BVI), WIPO situation No. D2016-1811.
For the foregoing reasons, the grievance is rejected as well as the Panel discovers that the Complainant has been guilty of reverse domain name Hijacking.
h/t to Twitter’s @GlobeSvcs for link to decision
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