Manga.io domain name subject to UDRP complaint, panel rules to uphold ownership of domain name

However, a WIPO panel, after hearing the case, rejected Mangas.io's claims and upheld Lassiter's ownership of Manga.io and did not rule Recently, the domain name Manga.io has been at the center of a UDRP (Uniform Domain Name Dispute Resolution Policy) dispute. French company Mangas.io filed a lawsuit in an attempt to take possession of the domain name through the WIPO (World Intellectual Property Organization) dispute resolution process, alleging bad faith registration and use by Manga.io's holder, Marc Lassiter. Reverse Domain Name Hijacking.

I. Background of the Dispute

Mangas.io is a French digital manga subscription platform operating since 2019 and offering a wide range of licensed manga titles, primarily for French-speaking users. The company claims to own the rights to “MANGAS.IO” as an unregistered trademark, noting that Manga.io's domain name and its associated website are so similar to its platform's trademarks as to be potentially confusing to consumers.

Marc Lassiter, founder of the Malgo Group, a U.S.-based digital products company, registered the Manga.io domain name in 2023 and used it to display content related to manga.2024 In early 2024, a representative of Mangas.io contacted Lassiter, claiming that his website was allegedly illegally distributing copyrighted content. In response, Lassiter promptly removed the content and redirected the domain to a landing page for an upcoming MMORPG (massively multiplayer online role-playing game).

II. Positions of the Parties

Mangas.io makes three core claims:

1. Domain name similarity: Manga.io is highly similar to its unregistered trademark “MANGAS.IO”, and the slight difference in the absence of the letter “s” will not affect users' cognition and will easily cause confusion.

2. Lack of legal rights and interests: Lassiter has no legal rights and interests in the domain name, and its earlier website is suspected of illegally distributing content in violation of copyright law.

3. Registration and use in bad faith: Mangas.io argues that Lassiter registered the domain name with the intent to sell it at a high price and disrupt its business operations.

III.Lassiter, on the other hand, filed a defense stating that:

1. Use of Dictionary Terms: Manga is a generic term with a history of widespread use, particularly in the field of Japanese manga, and should not be attributed to any particular company. Moreover, while Mangas.io is primarily aimed at the French market, its Manga.io website is in English and is aimed at a global audience, making it difficult to confuse.

2. Legitimate Use: Lassiter claimed that he registered the domain name to develop a manga-related MMORPG game, not to sell the domain name. Moreover, he never contacted Mangas.io to sell the domain name, but rather Mangas.io was the first one to make the communication and offer to buy the domain name.

3. Good Faith Response: After receiving Mangas.io's initial complaint, Lassiter immediately removed the allegedly illegal content and remained open to cooperation between the two parties.

IV. Panel's Decision

The WIPO panel found that Mangas.io had failed to sufficiently substantiate all three elements of its claim, particularly on the point of “registration and use in bad faith”. The Panel noted that:

-Generic nature of the dictionary term: Manga is a generic term that Lassiter had a legitimate reason to use in the domain name, especially when the content of its website relates to comics and games, and Mangas.io could not claim a monopoly right in the term by virtue of its unregistered trademark.

-Insufficiency of transnational business reach: Mangas.io mainly caters to the French market and Lassiter was not aware of the existence of Mangas.io at the time of registration of the domain name. The Complainant has failed to provide sufficient evidence of any trademark rights or influence in the U.S. market where Lassiter is located.

-Lack of Bad Faith Registrations:While it is true that Lassiter offered the option of selling the domain name for a high price during negotiations with Mangas.io, this move is not sufficient to prove bad faith, especially when the term Manga has significant market value. Moreover, the initial contact was initiated by Mangas.io and Lassiter did not actively seek to sell the domain name.

V. Reverse Domain Name Hijacking Not Found

Despite Respondent's claim of reverse domain name hijacking (RDNH), the Panel did not uphold this claim. The Panel found that Mangas.io did have reason to believe that the registration and use of the domain name was in conflict with its business, and although the action was unsuccessful, this did not constitute a bad faith complaint.