An Italian company's UDRP complaint against omis.com failed, with the panel ruling that the $120,000 asking price did not constitute bad faith.

An Italian crane manufacturer attempted to seize the omis.com domain name through domain name dispute proceedings but ultimately failed. Although the domain name holder had offered a transfer price of $120,000, a World Intellectual Property Organization (WIPO) panel found that the high price alone was insufficient to prove bad faith registration and use.

Recently, Italian crane manufacturer OMIS Group SpA filed a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint against Dubai-based mediaWorldAdvertising International FZE regarding the domain name omis.com. The complaint was dismissed by a WIPO panel, and the domain name holder successfully retained this valuable domain name.

However, the investigation into the case revealed a more complex story. The omis.com domain name was originally registered in 2003 and initially owned by an Austrian restaurant company, which used it for a period of time. OMIS Group did not acquire the related trademark and rights until 2024. In other words, OMIS Group did not control the domain name during its registration and long-term existence.

During the hearing, the Panel focused on the respondent's intent. Although the complainant provided a broker's letter indicating a high asking price of $120,000, the Panel found that this alone was insufficient to establish bad faith. This is because "Omis" is not merely a corporate logo but has multiple meanings: it is the name of a city in Croatia and is also registered as a trademark by numerous third parties. Therefore, the domain name holder could have held and set the price for other reasons, not specifically targeting the complainant.

The Panel's ruling clarified that while a high price offer may raise suspicion, it alone cannot prove bad faith registration or use without further evidence. Ultimately, the Tribunal found that the complainant failed to meet the core requirement of the UDRP—proving bad faith registration and use by the respondent. Consequently, the omis.com domain name remains in its current state, and the complaint was dismissed.