An Attempt to Reclaim Domain Name via UDRP Fails; SNSG Ruled a Reverse Domain Hijacking Case

A recent dispute involving a rapper and domain name ownership has been ruled a "reverse domain hijacking" case by the World Intellectual Property Organization (WIPO) based on the UDRP, drawing industry attention.

According to reports, rapper Manuel Alex Mendoza Cabanyog, through his company SNSG Company, LLC, filed a claim with WIPO for the domain name snsg.com. Cabanyog, using his stage name SNSG, sought trademark rights and wanted to acquire the domain for his brand and business operations.

However, the core of the dispute lies in the fact that the domain name snsg.com was registered long before Cabanyog and his company were established. The domain was initially registered in 2003, while Cabanyog's claimed SNSG trademark rights came later. The arbitration panel determined that the domain's registrant was not maliciously registering it against Cabanyog or the SNSG brand, but rather holding it legitimately.

In his ruling, arbitrator Ian Lowe wrote that Cabanyog's subsequent trademark registration and his previous attempt to negotiate the acquisition of the domain name for $60,000 alone did not constitute "malicious registration." The arbitration panel determined that his complaint lacked a reasonable basis.

More importantly, the panel found the complaint to constitute reverse domain hijacking. Lowe stated that even from a common-sense perspective, a complaint based on trademark rights long after domain registration is "simply impossible to succeed"; the complainant should have been aware of this, yet continued to file the complaint. The arbitration panel therefore rejected Cabanyog's request and formally determined this action to be an abuse of the UDRP procedure.

This ruling highlights a typical problem in domain name disputes: even if an individual or company possesses trademark rights, they cannot simply reclaim a domain name that has already been registered and held for a long time through the UDRP procedure. If trademark rights lag behind domain registration rights, the party initiating the complaint may be considered to have abused the system.

This case also serves as a warning to domain investors and brand owners. On the one hand, it reminds entrepreneurs and artists that they should plan their domain names well in advance before choosing a stage name or company name; on the other hand, it also emphasizes that UDRP complaints must be based on legality and reasonableness, rather than resorting to arbitration simply because negotiations have failed.