Domain name registrar Namecheap, Inc. sues “Namecheap.domains” and wins

Industry Information 30 Aug 2024 11:07:05 AM By:DN domain name editor
Abstract:

Internationally recognized domain name registrar Namecheap, Inc. has prevailed in the recent Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings. The Arbitration and Mediation Center ruled that the disputed domain name

Internationally recognized domain name registrar Namecheap, Inc. has prevailed in the recent Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings. The Arbitration and Mediation Center ruled that the disputed domain name “Namecheap.domains” be transferred to Namecheap, Inc. in order to protect its brand rights.

The dispute in the case arose out of the registration of “Namecheap.domains” on May 15, 2024 by the domain name registrant, Agit Kaya. The domain name had resolved to a static web page containing the following text: “Namecheap.domains, search WHOIS database, WHOIS service, Namecheap is not as good as GoDaddy, please try godaddy.com as registrar”. The page also has a domain name search bar at the bottom of the page.Namecheap believes that this constitutes bad faith registration and use, and has filed a UDRP complaint.

Domain name registrar Namecheap, Inc. sues “Namecheap.domains” and wins

Founded in 2000, Namecheap, Inc. is one of the largest domain name registrars in the world, managing more than 18 million domain names. The Company owns several “NAMECHEAP” trademarks, including European Union Trademark Registration No. 018412308, and holds the domain name “namecheap.com”.

In its Response, Respondent Kaya asserts that the domain name was registered for descriptive use with the intention of providing educational information about affordable domain names. However, the Panel finds Kaya's explanation insufficient and concludes that its conduct meets the criteria for registration and use in bad faith.

The Panel noted that Kaya registered the domain name in a clear attempt to capitalize on Namecheap's trademarks, and that the content of its website and the structure of the domain name demonstrated a malicious intent, with the primary purpose of profiting from the sale of the domain name. Kaya's malicious intent was further confirmed by the threat to auction the domain name if it was not sold.

Ultimately, the Panel decided to transfer the “Namecheap.domains” domain name to Namecheap, Inc. This is a strong defense of intellectual property and trademark protection, and underscores the role of the UDRP process in combating bad-faith domain name registrations.

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Domain name registrar Namecheap, Inc. sues “Namecheap.domains” and wins