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SoletLuna Holdings and Lifewave, two sleep patch sales companies, lost two domain name UDRP lawsuits in a row within two months, triggering the industry to re-examine domain name intellectual property protection.
SoletLuna Holdings and Lifewave, two sleep patch sales companies, lost two domain name UDRP lawsuits in a row within two months, triggering the industry to re-examine domain name intellectual property protection.
Last October, SoletLuna Holdings and Lifewave filed a lawsuit against the domain names silentnights.net, .art, .life and .xyz. The domain name registrant claimed that the registration of silentnights.net was to serve the art project, and the use had a unique direction and would not conflict with the complainant's business, and the domain name was provided free of charge by the registrar. The ruling in December last year showed that the complainant lost the case because it could not fully prove the popularity and reputation of the trademark, and the word had the possibility of widespread non-infringing use.
Immediately afterwards, in December last year, the two companies filed a lawsuit against SilentNights.org registered by domain name investor Bahl Co. Bahl Co. responded by accusing the complainant of reverse domain hijacking, and the complainant subsequently tried to withdraw the lawsuit, saying that third-party dealers may have illegally used trademarks to register domain names and mistakenly regarded Bahl Co. as such. Bahl Co. hopes to continue the trial to obtain a reverse domain hijacking ruling. In the ruling announced this week, although the expert panel supported the domain name registrant, it did not determine that the complainant constituted reverse domain hijacking.
The failure of two consecutive domain name lawsuits not only frustrated SoletLuna Holdings and Lifewave in brand protection, but also sounded the alarm for the industry. When focusing on product research and development and market expansion, companies need to strengthen the layout and protection awareness of domain name intellectual property rights to avoid such disputes.
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