Aveus.com domain name controversy: GoDaddy domain name auction results revoked by UDPR

Recently, the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center (the “Center”) ruled that the results of the GoDaddy domain name auction for the Aveus.com domain name, which was sold in a GoDaddy domain name auction, were vacated. This decision marks the successful resolution of an important UDPR (Uniform Domain Name Dispute Resolution Policy) case.

Background to the dispute

In May 2024, the Aveus.com domain name was auctioned for $2,275 on the GoDaddy platform. The dispute arose when the Korean registrant of the domain name became the respondent in a UDPR complaint filed by Medecision, Inc. in the United States. The Complainant demonstrated that they held the trademark “AVEUS” and were the rightful registrant of the domain name prior to its unexpected expiration, and the WIPO Panelists ultimately upheld the Complainant's position and decided to transfer the domain name to the Complainant.

Aveus.com

Arbitration Process

The administrative proceeding in this case was initiated by Medecision, Inc. under Case No. D2024-2973. The Complaint was filed on July 22, 2024, after which the Center sent a verification request to the registrar. The Center confirmed that the registrant and contact information provided by the registrar did not match the information in the complaint and invited the complainant to submit a revised complaint. Ultimately, on August 22, 2024, the Center appointed Assen Alexiev as the sole panelist and on August 19, 2024, notified the Respondent of the breach.

Facts of the Case

Complainant Medecision, Inc. is a provider of population health management solutions, and its division Aveus provides strategic consulting services. Complainant owns the AVEUS trademark, registration number 4164210, and uses it for services in international classes 35 and 41. The Disputed Domain Name was first registered on November 17, 1999 and was used by the Complainant for the official website of the Aveus division until 2024 when the domain name unexpectedly expired.

The Disputed Domain Name currently resolves to websites containing articles on a variety of unrelated topics. The Complainant states that the Respondent is not authorized to use the AVEUS trademark and that the Disputed Domain Name is being used without a legitimate business purpose and was registered and used in bad faith. The Respondent has not responded to the Complaint and the Panel has finally decided to transfer the domain name to the Complainant.

Panel Analysis

The Panel analyzed the case in detail in accordance with the requirements of the UDRP. First, the Panel recognizes that the disputed domain name is identical to the Complainant's trademark and therefore satisfies the first element of the Policy. Second, the Panel notes that the Respondent has failed to provide evidence that it has rights or legitimate interests in the disputed domain name, thus satisfying the second element of the Policy.

With respect to the issue of registration and use in bad faith, the Panel finds that the Respondent's conduct demonstrates a willful intent to register and use the disputed domain name for commercial gain. Such conduct has resulted in confusion with the Complainant's mark and satisfies Article 4(b) of the Policy.