M/s. Core Diagnostics filed UDRP against domain name registered a decade before it was founded.
World Intellectual Property Organization panelist Richard Hill has found M/s. Core Diagnostics, owner of CoreDiagnostics.in, guilty of attempting reverse domain name hijacking.
The Indian company started its business in 2011 and registered its trademarks in 2012.
Still, it filed a UDRP against the owner of corediagnostics.com, who registered the domain name in 2001. The registrant has been using the domain name to promote its medical devises.
In other words, this was a dead-on-arrival UDRP filing. Here’s how Hill explains his decision on RDNH:
The Respondent notes that his registration of the disputed domain name far predates Complainant’s claim of rights in the CORE DIAGNOSTICS mark. The Complainant knew this because it produced the WhoIs record for the disputed domain name as an attachment to its Complaint. Thus the Complainant should have known that it was unable to prove that the Respondent registered and is using the disputed domain name in bad faith.
It’s cases like this that remind me of a simple plan to reduce frivolous UDRP cases: the complainant must check a box verifying that its rights predate the domain registration date.