Company wins three character domain dispute.
After losing a UDRP for the generic domain name LH.com to airline Lufthansa, Future Media Architects (FMA) has won a case against credit heavyweight Equifax for EFX.com. FMA claimed that Equifax decided to come after the domain name because it saw FMA had lost a couple other acronym domain name cases:
Complainant delayed bringing this action for five years and only brought it when it appeared that Respondent had become an easy target after a few unfortunate and wrongly decided UDRP decisions, two of which are subject to review by US District Courts.
Equifax (NYSE: EFX) uses EFX as its stock ticker on the New York Stock Exchange.
The panel found that FMA did not register the domain name in bad faith. It found that FMA did not target Equifax by registering the domain name. FMA is well known for acquiring generic two and three character domain names without any regard for which companies may happen to have the same acronym. Also, the company goes on record saying it never sells domain names.
FMA asked for a finding of reverse domain name hijacking (RDNH). The panelist denied the claim, citing in part that Equifax attempted to contact FMA prior to filing the UDRP:
Complainant has shown it has some unregistered rights in the EFX mark. Given the evidence that a letter was unfortunately sent before this action to someone who had left Respondent’s counsel’s law firm and was not received by Respondent, Complainant was effectively denied the chance to discuss matters with Respondent prior to issue of the Complaint. Although Complainant has not explained why it has taken so long to bring a Complaint the Panelist is not prepared to say Complainant brought the Complaint in bad faith. The Panelist is not prepared to make a finding of reverse disputed domain name hijacking.