Gong.com domain name dispute ends, complainant accused of reverse hijacking

Recently, the Uniform Domain Name Dispute Resolution Policy (UDRP) case surrounding the domain name Gong.com has a verdict. The World Intellectual Property Organization (WIPO) panel ruled that the defendant Jeffrey Gong won the case and determined that the complainant, the French company Gong Galaxy, had engaged in reverse domain name hijacking.

The complainant claimed that he had owned the French GONG trademark since 1995, earlier than the registration of the Gong.com domain name in 1997. They also accused the respondent of not being a real person and that registering and using the domain name disrupted the company's business.

However, the respondent was born in 1965 and founded a company in Arizona, USA in 2015, engaged in consulting and software development services. He submitted materials such as passport cards and driver's licenses to prove his identity.

The panel reviewed several key elements: the disputed domain name completely copied the GONG trademark, with only a different suffix, satisfying the similarity element.

The educational background, company documents and other evidence provided by the respondent prove that he is widely known by the surname "Gong" and uses the domain name for the legitimate business of the company. He has legal rights and interests in the domain name.

The complainant company failed to prove that the respondent knew about its trademark and company situation when the domain name was registered in 1997, so it cannot be determined that it was registered and used in bad faith.

The complainant filed a complaint despite knowing that his evidence was insufficient, making groundless speculations about the "coming soon" page, potential email scams, and the existence, identity and contact information of the defendant. In the case of legal representation, he should have known that he could not win the case based on the facts and arguments. This behavior constitutes reverse domain name hijacking and is an abuse of administrative procedures.

In the end, the WIPO panel rejected the complainant's request and ruled that the Gong.com domain name did not need to be transferred. This ruling provides an important reference for domain name dispute resolution and once again emphasizes that in domain name-related disputes, all parties need to assert their rights based on sufficient evidence and reasonable claims.