YPER.COM Domain Name Dispute, a Confrontation between the Principle of Preemption and Malicious Complaints

Recently, French company Yper SAS filed a UDRP complaint with the World Intellectual Property Organization (WIPO) regarding the yper.com domain name, claiming that it has the YPER trademark rights in France since 2015, that the domain name is identical to its trademark, and that it requested the transfer of the domain name. The complainant believes that the respondent has no legal right to use the domain name and that its registration and use are malicious.

However, the respondent (an individual in South Korea) pointed out that the domain name was registered as early as 2010, five years before the complainant's trademark registration. The respondent also emphasized that "yper" is the root of the prefix "super" in Greek, and is similar in pronunciation to "wiper" in Korean, with a wider range of usage backgrounds.

Background of the Disputing Parties

Complainant: Yper SAS, a French express logistics company, operates yper.fr.

Respondent: an individual located in South Korea.

WIPO Panel Decision

After investigation, the WIPO Panel confirmed that the complainant Yper SAS was only established and began to use the YPER trademark in 2016, while the Yper.com domain name was registered in 2010, much earlier than the registration date of the complainant's trademark. Due to the lack of new evidence, the complainant's bad faith registration claim could not be established.

Ultimately, the panel rejected the complainant's request for domain name transfer and determined that the complainant constituted reverse domain name hijacking.

Domain name purchase attempts and escalation of disputes

Interestingly, Yper SAS made several attempts to purchase the domain name at a higher price between 2020 and 2024. Although the price required by the domain name owner was $120,000, Yper SAS considered the asking price "unreasonable" and threatened to file a domain name squatting complaint. Finally, the complainant filed a dispute with WIPO in November 2024.

In this domain name dispute, registration time is a key factor in judgment. The complaining party cannot file a complaint against a domain name that has been registered for many years simply by relying on trademark rights. Enterprises should respect the principle of first occupation of domain names and resolve domain name disputes through legal and reasonable means, rather than attempting to improperly obtain domain names through malicious complaints. Otherwise, such behavior will not only fail to achieve the purpose, but may also damage their own reputation.