Air Quality Experts' Reverse Domain Hijacking Attempt Rejected by Panel

My Healthy Home, LLC (the Complainant) attempted to reverse hijack the domain name healthyhomeexperts.net through the UDRP (Uniform Domain Name Dispute Resolution Policy). Although the company owns the Healthy Home Expert trademark, the Panel determined that the Respondent did not engage in domain name cybersquatting.

The Complainant used the domain name healthyhomeexpert.com to conduct business to improve indoor air quality. The Respondent operates foundation repair and waterproofing services in Indiana and uses the name "Healthy Home" in its business. The Panel found that although the Complainant has trademark rights, the Respondent used the domain name to operate a real business and did not register the domain name in bad faith.

Panelist Nathalie Dreyfus noted that the Complainant failed to provide valid arguments or evidence, and its complaint went beyond the scope of weak evidence, such as insufficient proof of common law trademark claims, and the Complainant should have known that it could not meet the requirements of the UDRP policy. In addition, the UDRP procedure is designed to resolve domain name cybersquatting cases, focusing on domain identity or similarity, legitimate rights, and bad faith registration and use, rather than complex trademark infringement cases.

The Panel ultimately determined that the complaint was filed in bad faith and constitutes an attempt at reverse domain name hijacking (RDNH). Michael J. Feagin of Feagin & Friedman LLP represented the Complainant, and John Walsh of Drewry Simmons Wornhelm LLP represented the Respondent.