Software giant goes after SAP consulting company and loses.
Enterprise software company SAP (NYSE: SAP) has lost another domain name dispute.
The company went after the domain name Unisap.com, which has been used by a provider of SAP consulting services for almost a decade. The arbitrator decided that SAP had not proven the domain name was registered and used in bad faith:
The Panel has also considered the purpose of the UDRP, namely to prevent the abusive registration of domain names. The Panel cannot, on the present record, confidently say that the Respondent has engaged in cybersquatting…
In these particular circumstances, the Respondent could be said to be providing legitimate services from the disputed domain name, under the Unisap brand. In the Panel’s view, this is enough to tip the finely balanced scales in the Respondent’s favour, on the provided record in this particular case.
The arbitrator said it was a close call. The panelist seemed to think SAP didn’t do a good job stating its case that Unisap had no rights or interests in the domain and that it was registered in bad faith. This seems to be a case for the courts, not UDRP. But companies that provide services related to a trademarked product should consider avoiding the use of the trademark in their name. (Read decision)
Earlier this year SAP lost an arbitration case for the domain name SAP-Microsoft.com.