Epik.hosting loses in UDRP process

August 16, 2024 - A Canadian company using the domain name Epik.hosting has lost a case in the Uniform Domain Name Dispute Resolution Policy (UDRP) process against Epik LLC, a well-known domain name registrar.

I. Background of the Case

The disputed domain name, Epik.hosting, was registered in 2016 and had been used to provide hosting services.Epik LLC, the Complainant, is a U.S. company that owns the EPIK trademark. The Complainant asserted that the registration and use of the domain name infringed its trademark rights and filed a request for arbitration with the Worldwide Intellectual Property Organization (WIPO).

ii. procedural developments

The Complaint was filed with the WIPO Arbitration and Mediation Center on June 4, 2024, and the Center formally notified the Respondent on June 13 that the proceeding was closed on July 3, 2024 for reply. However, the Respondent did not respond to the Complaint. on July 23, 2024, WIPO appointed Nick J. Gardner as the sole panelist in the case.

iii. issues in dispute

The Complainant asserts that the Respondent knows that its domain name is similar to the Complainant's mark and is attempting to profit by imitating the Complainant through similar services. The Panel, having received no reply from the Respondent, bases its decision on the evidence provided by the Complainant.

IV. The Panel's Decision

The Panel recognizes that the Disputed Domain Name is identical to the EPIK trademark owned by the Complainant and that the Respondent has failed to demonstrate that it has a legitimate interest in the Disputed Domain Name. The Panel also finds that the Respondent's primary purpose in registering the domain name may have been to create confusion with the Complainant's trademark in an attempt to obtain commercial advantage. Therefore, the Panel decides to transfer the domain name Epik.hosting to the Complainant Epik LLC.