Brazilian company guilty of reverse domain name hijacking

Dental company went after domain name used by Korean dentist.

NeoDentA three person WIPO panel has found JJGC Industria E Comercio de Materiais Dentarios S.A. of Curitiba, ParanĂ¡, Brazil, guilty of reverse domain name hijacking.

The company, which specializes in dental implants, filed its case over the domain name NeoDent.com. It uses the domain name NeoDent.com.br.

NeoDent.com is owned by someone in Korea who actually uses the domain name for a dental practice called NEO Dental Clinic. The domain name was registered in 2002.

The complainant failed to mention this use by the respondent in its complaint, instead pleading that the respondent has never been known by this name:

According to the Response, the Respondent has operated a dental clinic under the name NEO Dental Clinic since 2002. The Respondent has provided evidence of public use of the Neodent name (in English as well as Korean), which is something the Complainant could and should have verified prior to submission of the Complaint with an allegation, quoted in Section 5.B above, that the Respondent has never been known by the disputed domain name, and its pleading is misleading to the point of attempting to deceive the Panel. This alone has been held grounds for finding RDNH.

That’s one of the reasons the panel found JJGC Industria E Comercio de Materiais Dentarios S.A. guilty of abusing the UDRP process.

Comments

  1. Mike says

    Finding of Reverse Domain Hijacking seems to be meaningless as likely they will only use UDRP once or twice in lifetime .It does not stop all the other abuses of UDRP to extend what is a 1 class 1 country Trade Mark INTO suddenly in UDRP being a Global Monopoly of all and every possible Class.

  2. says

    Great decision! These culprits should be punished and pay huge penalty. I wonder why they are left without any severe punishment. At least such losers must pay the legal fee and other associated fees with this case to the respondent.

  3. Cy says

    @ Abdul

    And what huge penalty do those found guilty of cybersquatting pay under the udrp

    None, simply lose the domain

    Should squatters pay the legal fees of complainants when they lose

    What’s good for the goose…

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