Support Services:service@dn.com
2024 Dn.com All Rights Reserved
A case study of a dispute over the malicious hijacking of a .com domain name by a .biz company. 1. Domain name hijacking issue, - A company on .biz attempted to hijack a .com domain name, which had been registered long before the company wa
In the online world, the ownership and use of domain names is of paramount importance. In this article, we will analyze a typical domain name dispute case: a .biz company attempted to hijack a .com domain name. It involves the determination of malicious dispute, analysis of the complaint situation, the basis of reverse hijacking, as well as the analysis of the complainant's behavior, revealing the complexity of the dispute behind the domain name malicious hijacking issue.
1. Domain name hijacking issues
-.biz attempted to hijack the .com domain name, which was registered long before the company was founded.
2. Dispute Decision
- A World Intellectual Property Organization (WIPO) panel ruled that a dispute filed by a financial data company against EagleData.com was filed in bad faith.
- The disputed domain name is registered by Eagle Data Singapore, which uses the domain name EagleData.biz.
3. Complaint Analysis
- The Complainant's complaint, which was filed using the World Intellectual Property Organization's Online Complaint Form and the Model Complaint Form of the Uniform Domain Name Dispute Resolution Policy, appears to be relatively weak. The problem is that the Complainant filed the complaint long after the domain name had been registered and did not allege that the domain name had changed hands since registration.
4. Basis for finding reverse hijacking
- In finding that a domain name has been reverse hijacked, Panelist Jeremy Speres noted that the Uniform Domain Name Dispute Resolution Policy (UDRP) Model Complaint provides (in red) that “[n]otice that bad faith registrations are generally considered possible only if the registration of a domain name occurs prior to the creation of your trademark rights, see WIPO Overview 3.0, Section 3.8]”. Section 3.8 of WIPO Overview 3.0]”.
- Spereswrote (pdf) Thus, either the Complainant was aware of the nature of the bad faith claim and chose to submit the complaint knowing that it was unlikely to succeed; or the Complainant submitted the complaint recklessly without proper consideration of the documents relied upon. Both situations are reprehensible.
5. Complainant's knowledge
- The Complainant expressly recognizes in the Complaint that the Disputed Domain Name has been in the hands of the Respondent since at least 2003, and therefore the Complainant knew that the Disputed Domain Name had been registered long before it acquired the trademark rights.
6. Results that should have been known to the Complainant
- In this case, the Complainant knew, or at least should have known, at the time of filing the Complaint, that it could not prove one of the essential elements required by the Policy, in particular, that the Respondent's registration of the disputed domain name apparently predates by many years the Complainant's incorporation, application, and registration of the trademark.
7. Domain Name Owner Response
- The domain name owner has not responded to the dispute.
Source: domainnamewire
06 Dec 2024 03:02:38 PMIndustry Information
Recently, a controversy surrounding the domain name meta-platforms-inc.com has once again attracted attention. After losing a UDRP (Uniform Domain Name Dispute Resolution Policy) decision, the registrant in this dispute asked ICANN
05 Dec 2024 02:41:45 PMIndustry Information
A month ago, Mattel was in the middle of a controversy when it misprinted the Wicked.com domain name on its new “Wicked Witch” doll merchandise. What started out as a marketing campaign to attract fans of the movie “The Wicked Witch” had
05 Dec 2024 11:16:54 AMIndustry Information
Recently, the .ai domain name market has been attracting renewed attention, with a number of premium domain name deals coming to light in terms of dollar amounts. As reported by Richard Kirkendall, there were a total of 13 reported .ai
04 Dec 2024 02:58:15 PMIndustry Information
In a recent high-profile domain name transaction on CryptoExchange.com, KAMAGRAONLINE.SK was sold for a whopping $84,630 USD, payable in USDT, a transaction that set a new record for the highest known sale price for the
Enron, the one-time energy giant, is once again in the conversation more than two decades after its collapse, but this time the focus is not on a business recovery but on the return of the domain name Enron.com. The domain name,
Industry Information 04 Dec 2024 09:43:51 AM
Many people think that exact match long tail domains “automatically” rank high on Google, but the truth may be more complex than that, and a recent experience by Ashish Mishra, founder of The Wedding Company, offers a new perspective on the
Industry Information 04 Dec 2024 09:00:29 AM
On November 29th, the rare two-letter domain name YB.net successfully completed a transaction on DN.com, the global premium domain name trading platform! The two-letter domain name was sold at a high price of six-figure RMB.
Industry Information 02 Dec 2024 02:27:17 PM
Assuming we choose only the first 500 keywords to combine for a three-word domain name, the number of possible combinations would be 500³ = 125 million. This is a huge number. The more domain names available on the market, the less likely
Investment 02 Dec 2024 09:04:09 AM
Before you know it, there is only one last month left in 2024! It's been a bright year for the domain trading market, with overall transaction volumes remaining substantial. For this reason, we've meticulously compiled a list of the top 10
Industry Information 30 Nov 2024 04:10:07 PM
Registrations for .AI domain names have grown by nearly 40,000 in the last two months, demonstrating the strong demand for this top-level domain (ccTLD) in the artificial intelligence industry. According to Anguilla's registry data,
Industry Information 30 Nov 2024 09:38:45 AM